Today's Article
A recent judicial ruling
dealt a crippling blow
to Bush's rationale of
blanket secrecy for his
warrantless domestic
surveillance programs.
dealt a crippling blow
to Bush's rationale of
blanket secrecy for his
warrantless domestic
surveillance programs.
The American Spark
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Domestic Spying Secrecy Struck Down By D.C. District Judge
By Cliff Montgomery - Nov. 9th, 2008
A judicial ruling issued on October 31st has dealt a crippling blow to the Bush Administration's rationale of
blanket secrecy for its warrantless domestic surveillance programs.
The U.S. District Court for the District of Columbia has ordered Bush's Justice Department (DOJ) to hand over
numerous legal opinions penned by the DOJ's Office of Legal Counsel. The court has ruled that the
documents warrant an in camera judicial review.
An in camera review means that the court will study the Office of Legal Counsel documents in private, to
determine if their release might endanger national security.
U.S. District Judge Henry Kennedy wrote in his legal opinion that the “[Department of Justice] has now had
two opportunities to provide this court with sufficiently detailed affidavits to describe why the documents at
issue are subject to the claimed exemptions, and why many documents must be withheld in full.”
Having found the DOJ's arguments for absolute secrecy weak at best, Judge Kennedy ordered the DOJ to
submit the Office of Legal Counsel records to the court for a judicial review.
Kennedy ruled that the Office of Legal Counsel must hand over the documents by November 17th.
The case against the Bush Administration's secrecy on domestic spying was brought by the American Civil
Liberties Union, the Electronic Privacy Information Center and the National Security Archive.
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By Cliff Montgomery - Nov. 9th, 2008
A judicial ruling issued on October 31st has dealt a crippling blow to the Bush Administration's rationale of
blanket secrecy for its warrantless domestic surveillance programs.
The U.S. District Court for the District of Columbia has ordered Bush's Justice Department (DOJ) to hand over
numerous legal opinions penned by the DOJ's Office of Legal Counsel. The court has ruled that the
documents warrant an in camera judicial review.
An in camera review means that the court will study the Office of Legal Counsel documents in private, to
determine if their release might endanger national security.
U.S. District Judge Henry Kennedy wrote in his legal opinion that the “[Department of Justice] has now had
two opportunities to provide this court with sufficiently detailed affidavits to describe why the documents at
issue are subject to the claimed exemptions, and why many documents must be withheld in full.”
Having found the DOJ's arguments for absolute secrecy weak at best, Judge Kennedy ordered the DOJ to
submit the Office of Legal Counsel records to the court for a judicial review.
Kennedy ruled that the Office of Legal Counsel must hand over the documents by November 17th.
The case against the Bush Administration's secrecy on domestic spying was brought by the American Civil
Liberties Union, the Electronic Privacy Information Center and the National Security Archive.
Like what you're reading so far? Then why not order a full year (52 issues) of the The American Spark e-
newsletter for only $15? A major article covering an story not being told in the Corporate Press will be
delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!
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