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US Government: Court cannot review wrongful executive secrecy

Reprieve | May 8, 2015

The Obama Administration today told a US appeal court that it had no right to challenge the wholesale suppression of video evidence of prisoner abuse at Guantánamo Bay.

Lawyers for the Administration insisted that every single frame of video evidence – no matter how disturbing or unlawful- must remain an unchallengeable secret, beyond the review of judges or the public right of access.

The Administration further defended its absolute right to classify any information wrongfully — such as, hypothetically, censoring the Gettysburg address.

The federal hearing in Dhiab v Obama relates to a challenge by Guantánamo’s hunger strikers, whereby prisoners’ lawyers presented classified footage of a prisoner being violently removed from his cell and force-fed by the military authorities. On June 20, 2014, 16 media organizations sought the public release of the videos on First Amendment grounds. On October 3, Judge Gladys Kessler ordered the footage to be released, with appropriate redactions on national security grounds.

In defiance of this order, the Obama Administration failed to redact the tapes – a prerequisite to any release – and instead chose to appeal Judge Kessler’s decision.

In oral arguments today, the Administration defended its decision not to commence redactions, insisting that the judiciary must defer entirely to the executive on secrecy, and that not a single frame of the videos should ever be released to the public.

In response to the hypothetical question of whether a judge could challenge the manifestly wrongful classification of the text of the Gettysburg Address, the Administration replied that the judge could not — the court must simply trust the reasoning of the executive.

Reprieve argued that the Obama Administration was attempting to strip courts of the right to review their own records for a First Amendment public right of access, thereby eroding the separation of powers underpinning the US constitutional system.

Reprieve attorney Alka Pradhan said: “The Obama Administration made an audacious power grab today, insisting that no judge can ever review the executive’s addiction to hiding wrongdoing through secrecy. It is disturbing that such a tyrannical argument can be made by a former constitutional law professor. Today, it is the abuse of Guantanamo prisoners that is being wrongfully suppressed. Tomorrow, who knows?”

May 8, 2015 - Posted by | Civil Liberties, Full Spectrum Dominance, Progressive Hypocrite, Subjugation - Torture | ,

2 Comments »

  1. Yeah, you judges can’t look at our CRIMES! because we said so! otherwise we’d all be sitting in prison cells awaiting the gallows!

    Like

    desertspeaks's avatar Comment by desertspeaks | May 8, 2015 | Reply

  2. jews and the us military were caught on film. Rape pictures were ordered to go public under the Bush administration. This has been ongoing. When they released the last set of photographs they claimed that torture did not happen. We are talking child rape here not just torture. GOOGLE child rape UK and or The Franklin scandal under ol Ronny Ray-Gun

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    Peter GQQDMAN's avatar Comment by Peter GQQDMAN | May 12, 2015 | Reply


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