Article published Oct 29, 2007
The 'Orwellian' Bush administrationOctober 29, 2007
By Nat Hentoff - This is the second of two columns on the Bush administration's abuse of the "state's secrets" doctrine.
The Bush administration continues to insist that it alone must decide whether a judge is allowed to hear a case that might harm national security. When Judge Harry Pregerson, who serves on the U.S. Court of Appeals for the 9th Circuit, listened to Deputy Solicitor General Gregory Garre telling him that, he responded: "The bottom line here is the government declares something is a state secret, and that's the end of it. The king can do no wrong," the Los Angeles Times reported Sept. 16.
I have, however, found clear and feasible ways to end the absoluteness of the government's use of the "state secrets" bludgeon. A Washington-based independent think tank called the Constitution Project has released a report titled "Reforming The State Secrets Privilege." This organization's sole ideology transcending the guerrilla warfare of the political parties is to protect our increasingly battered founding document, which is enfeebled when its separation of powers is disregarded by the presidency.
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