Thursday, August 16, 2007

Tantamount To King!

It's too bad this post isn't about the Supreme Court:

Think Progress:

Yesterday, a federal appeals court “appeared skeptical of and sometimes hostile” towards the Bush administration’s argument that legal challenges to the NSA’s surveillance programs should be dismissed on “state secrets” and national security grounds, with one judge saying the government’s argument was tantamount to “the king can do no wrong.”

...

The three judges on the court were unsatisfied with the argument, offering various stinging comments and rebuttals:

- “Is it the government’s position that when our country is engaged in a war that the power of the executive when it comes to wiretapping is unchecked?” asked Pregerson.

- “This seems to put us in the ‘trust us’ category. ‘We don’t do it. Trust us. And don’t ask us about it,’” said Judge M. Margaret McKeown.

- “Every ampersand, every comma is top-secret?” queried Judge Michael Daly Hawkins about a withheld document.

- “”Are you saying the courts are to rubber-stamp the determination of the executive of what’s a state secret? What’s our job?” asked Pregerson.

- “I feel like I’m in Alice and Wonderland,” observed McKeown.

When Deputy Solicitor General Greg Garre argued that “other avenues” than the court system were the proper forum for complaints about government surveillance, Pregerson shot back: “What is that? Impeachment?”
Like I said, too bad it's not SCOTUS. But at least it's in some courts.

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