Tag Archives | secrecy

Federal Judge: Courts Rubber-Stamp White House on Security Issues

Federal District Court Judge Royce Lamberth has said what many civil libertarians have long thought. According to Politico

Speaking at a conference for federal employees who process Freedom of Information Act requests, U.S. District Court Judge Royce Lamberth said his fellow jurists usually rubber-stamp agency claims that disclosing information would jeopardize national security.

“It bothers me that judges, in general, are far too deferential to Exemption 1 claims,” Lamberth said, referring the language in FOIA that allows for withholding of information classified pursuant to an executive order. “Most judges give almost blind deference on Exemption 1 claims.”

Judge Lamberth, a graduate of the University of Texas, was appointed to the bench by Ronald Reagan in 1987. He previously served as an Army JAG officer and as a federal prosecutor. His recent decisions have included ordering the release of Richard Nixon’s testimony concerning the Watergate scandal and controversially issuing an injunction to prevent the Obama administration from destroying embryos used in stem cell research.… Read the rest

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Former White House Press Secretary Robert Gibbs Says He Was Told ‘Not To Acknowledge Existence’ Of Drones Program

Appearing on MSNBC, Robert Gibbs, Barack Obama’s press secretary for much of his first term, on the administration’s concern with keeping drone killings out of public knowledge: “When I went through the process of becoming press secretary, one of the first things they told me was, you’re not even to acknowledge the drone program. You’re not even to discuss that it exists.”

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Photographs Of Black Sites

trevorVia We Me Make Money Not Art, a conversation with artist Trevor Paglen, who acts as a modern-day discoverer, travelling the globe attempting to photograph the last “uncharted territory” — classified locations such as the CIA’s rendition sites:

For his Limit Telephotography series, Paglen used high powered telescopes to picture the “black” sites, a series of secret locations operated by the CIA. Often outside of U.S. territory and legal jurisdiction, these locations do not officially exist, they range from American torture camps in Afghanistan to front companies running airlines whose purpose is to covertly move suspects around.

Paradoxically Paglen’s images deepen the secrecy of their subject rather than uncover it. Limit-telephotography most closely resembles astrophotography, a technique that astronomers use to photograph objects that might be trillions of miles from Earth. Paglen’s subjects are much closer but also even more difficult to photograph. To physical distance, one has indeed to add the obstacle of informational concealment.

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New York Times Suing Government For Refusing To Reveal Its Secret PATRIOT Act Interpretation

docPerhaps the most perverse aspect of the PATRIOT Act is the federal government’s refusal to reveal how it interprets and puts into practice the (vague and far-reaching) law. Techdirt reports that the New York Times is stepping up to the plate and challenging Washington:

Reporter Charlie Savage of the New York Times filed a Freedom of Information Act request to find out the federal government’s interpretation of its own law…and had it refused. According to the federal government, its own interpretation of the law is classified. What sort of democracy are we living in when the government can refuse to even say how it’s interpreting its own law? That’s not democracy at all.

We’ve been covering for a while now how Senators Ron Wyden and Mark Udall have been very concerned over the secret interpretation the feds have of one piece of the PATRIOT Act. They’ve been trying to pressure the government into publicly explaining how they interpret the law, because they believe that it directly contrasts how most of the public (and many elected officials) believe the feds are interpreting the law.

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