Also interesting that no one seems to care enough to respond to your post accept me! Maybe they too are all off pissing and moaning somewhere nice and cozy!
Cole
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The Bush administration strongly opposed lawsuits brought by former detainees, saying they reveal state secrets such as interrogation methods or government involvement with subcontractors. In February, the Obama administration supported that view, reported ABC News.
But on Tuesday, San Francisco's Ninth US Circuit Court of Appeals ruled unanimously, in a 3-0 decision, against their argument, reports the Chronicle.
The court said the nation's laws apply to all its programs, including those that involve state secrets.
"According to the government's theory, the judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law," Judge Michael Hawkins said in the 3-0 ruling.
Allowing the government to shield its conduct from court review simply because classified information is involved "would ... perversely encourage the president to classify politically embarrassing information simply to place it beyond the reach of judicial process[/color
[color=#FF4000]However, the Associated Press (AP) reports that the Court did agree that classified information needed to be protected, but objected to the position that such a concern necessitated automatically throwing out the case.
In what is sure to be a painstaking process, the Court advised judges to weigh the national security value of each individual piece of evidence before deciding on its admissibility, reports The New York Times.
The court said the government could ask judges to conduct a case-by-case review of whether the disclosure of specific documents would jeopardize national security. But allowing the executive branch to shut down an entire lawsuit whenever an official says its subject is classified would be a "concentration of unchecked power" and lead to abuses, it said.
Judge Hawkins said that if it turns out "privileged evidence is indispensable to either party," then the case may eventually be dismissed, reports the AP. The news service also reports that the Justice Department is "reviewing the court's decision."
According to the Chronicle, the government has several options at its disposal now. It can appeal to a larger panel of the Ninth Circuit Court or take the case to the Supreme Court. If it is defeated in both those venues, the case goes back to US District Judge James Ware in San Jose. He dismissed the case in the first place in February 2008.

Quote:
The Bush administration strongly opposed lawsuits brought by former detainees, saying they reveal state secrets such as interrogation methods or government involvement with subcontractors. In February, the Obama administration supported that view, reported ABC News.
What do you make of that Stoner?
Were you aware of this ruling? Was it widely reported on TV or in PRINT?

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