Protecting State Secrets

I could literally spend all day highlighting passages from the ICRC Report [on rendetion and torture] that will turn the stomach of any minimally decent human being. Those morally depraved individuals who continue to mock and dismiss the notion that the U.S. Government, at the highest level, ordered the most brutal and inhumane torture should be compelled to read the Report in its entirety (and the Report is confined to 14 individual "black site" prisoners; it says nothing about what was done to the tens of thousands of other detainees at Guantanamo, Bagram, in Iraq and elsewhere -- many of whom died in our custody).

Andrew Sullivan highlights but one of the key passages from Mark Danner's article demonstrating the similarities between standard Soviet torture techniques and the ones the U.S. used repeatedly on our detainees. Note how warped our political culture is: Sen. Dick Durbin was forced to tearfully apologize on the Senate floor for accurately comparing our treatment of detainees at Guantanamo to the techniques used in Soviet gulags and by Gestapo interrogation squads, but those who perpetrated these war crimes have apologized for nothing, remain welcome in decent company, and are still shielded by our Government from all accountability.

  Glenn Greenwald

[L]ate Friday afternoon, the Obama DOJ filed the government's first response to EFF's lawsuit (.pdf), the first of its kind to seek damages against government officials under FISA, the Wiretap Act and other statutes, arising out of Bush's NSA program. But the Obama DOJ demanded dismissal of the entire lawsuit based on (1) its Bush-mimicking claim that the "state secrets" privilege bars any lawsuits against the Bush administration for illegal spying, and (2) a brand new "sovereign immunity" claim of breathtaking scope -- never before advanced even by the Bush administration -- that the Patriot Act bars any lawsuits of any kind for illegal government surveillance unless there is "willful disclosure" of the illegally intercepted communications.

[...]

It is hard to overstate how extremist is the "soverign immunity" argument which the Obama DOJ invented here in order to get rid of this lawsuit. I confirmed with both ACLU and EFF lawyers involved in numerous prior surveillance cases with the Bush administration that the Bush DOJ had never previously argued in any context that the Patriot Act bars all causes of action for any illegal surveillance in the absence of "willful disclosure." This is a brand new, extraordinarily broad claim of government immunity made for the first time ever by the Obama DOJ -- all in service of blocking EFF's lawsuit against Bush officials for illegal spying.

[...]

This is a brand new Obama DOJ invention to blanket themselves (and Bush officials) with extraordinary immunity even when they knowingly break our country's surveillance laws.

  Glenn Greenwald

It’s good to be king.

....but hey, do what you want....you will anyway.