The American people have finally gotten a small glimpse of the ridiculousness of trying to operate a court when evidence is classified. Too bad the glimpse is so short — many of us may miss it by blinking.
The Ninth Circuit Court of Appeals, based in San Francisco, is currently hearing two separate but related cases of warrantless wiretapping performed by the National Security Agency. The case just had its first hearing yesterday but, already, judges appear frustrated that attorneys cannot produce solid arguments because some or all of the evidence is classified.
One case is a class action suit against AT&T for illegally re-routing phone and Internet information to a room into which only people with NSA security clearances were allowed. This allegation comes from a former employee who says he helped install the lines to patch the information from one system to the secret room. AT&T’s lawyers said the technician’s sworn testimony is based on speculation which, to me, sounds like they’re shaking in their boots a little.
The other case involves a charity, the al-Haramain Islamic Foundation, that says the government mistakenly handed it a document that confirms that the organization and two of its lawyers were under surveillance without any court approval. The only problem is that this document, even if revealed by mistake to the charity, remains classified.
Lawyers on behalf of the justice department (the defendant in these cases) has said that neither case has enough evidence to sue. Why? Because whether or not any of these parties is under surveillance is a state secret.
Is it any wonder that the three judges, based on the video footage I saw in yesterday’s evening news, looked irritated? They had simple and direct questions for the defendants’ attorneys and were given answers that would make Alberto Gonzales look like a fountain of information.
I suppose, however, that we ought to be thankful that we’re not Algerian refugees. Because of the Algerian Civil War from 1992–2002, many refugees have sought amnesty in other countries. The rise in prominence of Islamic terrorism, however, has resulted in many of these people being labeled “suspicious persons” and, rather than being granted amnesty, many are being held prisoner. Whether or not these individuals are suspicious persons — you guessed it — is classified.
All of these cases are like saying, “So, am I under arrest?” and being told, “I dunno. Are you?”
The Yellow Menace is a member of neither the Front de libération nationale nor the Front Islamiste du Salut, but knows people working on amnesty cases. Contact him at theyellowmenace1@gmail.com.
