Federal Government Seeks More Power To Cover Up

“The healthy man does not torture others - generally it is the tortured who turn into torturers”   Carl Gustav Jung Swiss psychiatrist, Psychologist and Founder of the Analytic Psychology, 1875-1961

“The healthy man does not torture others - generally it is the tortured who turn into torturers” Carl Gustav Jung Swiss psychiatrist, Psychologist and Founder of the Analytic Psychology, 1875-1961

An old bill is new again and waiting in committee.  This bill would allow the federal government to cover its ass on things like torture, rendition, and other unsavory acts it seems prone to.  Knowing that this bill sits in a corrupt congress, probably in a corrupt committee, makes it likely to pass. S. 417: State Secrets Protection Act was introduced in the 110th congress as S. 2523.  And of course, it would be a Kennedy who would sponsor it.  J.F. Kennedy would turn over in his grave.  I’m sure he will have some choice words for his brother when they meet again.

Under this bill, Judges in the federal courts would become accomplices in the cover-up.  They would have full discretion on what can and can’t be told to the public, what evidence is allowed or not, how much evidence is allowed, and who can be a part of the case.  They would have full discretion in determining what constitutes harm, who would be harmed, and how to keep that from happening, all while covering up the government’s messes.  This would bury all evidence that the federal government is acting in ways it shouldn’t.  Want to bet that Dick Cheney has his hand on this one???  He has every reason to see something like this bill passed if he isn’t to go to prison for the torture and killing of detainees that he ordered.  There will never be justice in this country again with this bill.

‘Sec. 4051. Definitions

‘In this chapter–

‘(1) the term ‘evidence’ means any document, witness testimony, discovery response, affidavit, object, or other material that could be admissible in court under the Federal Rules of Evidence or discoverable under the Federal Rules of Civil Procedure; and

‘(2) the term state secretrefers to any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of the United States.

I’m not sure that we’d ever find out another thing with a bill like this. By the definitions above, the government could claim just about anything is a State Secret. Only problem is, that the federal government isn’t a State. It has nothing to do with States any more and is merely working on taking over total control of any and all living within ANY State.  Once they have total control of the courts, justice is dead.  And torturers and murderers such as dick cheney and his crew will be scott-free!

Sec. 4052. Rules governing procedures related to this chapter

‘(a) Documents- A Federal court–

‘(1) shall determine which filings, motions, and affidavits, or portions thereof, submitted under this chapter shall be submitted ex parte;

‘(2) may order a party to provide a redacted, unclassified, or summary substitute of a filing, motion, or affidavit to other parties; and

‘(3) shall make decisions under this subsection taking into consideration the interests of justice and national security.

Having seen court decisions such as those made against Ramos and Compean, David Olofson, and others, how can we be assured that these Judges aren’t being paid to throw a case the way the federal government wants it to go? How do we trust those placed in charge of these courts when we see them break the laws or disregard those same laws when it suits their purpose?  Why should we trust any Judge that anyone in the federal government decides to appoint?  Did you hear that Janet Napolitano is on the short list for the Supreme Court?  We don’t fire **ck-ups, we promote them!

(b) Hearings-

‘(1) IN CAMERA HEARINGS-

‘(A) IN GENERAL- Except as provided in subparagraph

(B), all hearings under this chapter shall be conducted in camera.

‘(B) EXCEPTION- A court may not conduct a hearing under this chapter in camera based on the assertion of the state secrets privilege if the court determines that the hearing relates only to a question of law and does not present a risk of revealing state secrets.

‘(2) EX PARTE HEARINGS- A Federal court may conduct hearings or portions thereof ex parte if the court determines, following in camera review of the evidence, that the interests of justice and national security cannot adequately be protected through the measures described in subsections (c) and (d).

‘(3) RECORD OF HEARINGS- The court shall preserve the record of all hearings conducted under this chapter for use in the event of an appeal. The court shall seal all records to the extent necessary to protect national security.

Where then will due process come into play?  How can anyone get a fair and impartial hearing with rules such as these?  With bought and paid for Judges no one is safe.  Who will uphold the laws of this once great nation?  Is there any such thing as justice if a law like this is passed???

DUE PROCESS The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person’s basic rights to ‘life, liberty or property, without due process of law.’ Courts have issued numerous rulings about what this means in particular cases.

The Fourteenth Amendment prohibits the deprivation of liberty or property without due process of law. A due process claim is cognizable only if there is a recognized liberty or property interest at stake. Board of Regents v. Roth, 408 U.S. 564, 69 (1972).

Lady_justice_standingYet how can there be due process if the federal government can just slap down an affidavit saying its all some gigantic secret and could jeopardize the federal government?  If the federal government was opperating within the laws of these united States, there would be no need for such a law or lawyers and Judges who will be complicit in cover-ups.  Do you think FOIA is going to help you figure things out?  No way!

In the event of an appeal… With a fixed court it doesn’t matter if an appeal is raised. I’ve watched as good people were convicted of crimes that weren’t crimes. David Olofson who was convicted of transferring a machine gun when it was a malfunctioning AR-15. The jury was given tainted instructions, the defense attorneys inadequate to the task of defending him. And the Judge, talk about a piece of work!  The same goes in the cases of Ramos and Compeon.  There should be a way to hold Judges and Prosecutors responsible for their misconduct.

In every way possible this bill makes sure that the federal government can step in at a moments notice and make things disappear if it doesn’t suit their purposes. I can see it now, the end of Justice is at hand. With this bill the government can claim *States’ Secrets* and poof! away goes their problem.

‘Sec. 4053. Procedures for answering a complaint

‘(a) Intervention- The United States may intervene in any civil action in order to protect information the Government determines may be subject to the state secrets privilege.

‘(b) Impermissible as Grounds for Dismissal Prior to Hearings- Except as provided in section 4055, the state secrets privilege shall not constitute grounds for dismissal of a case or claim. If a motion to dismiss or for summary judgment is based in whole or in part on the state secrets privilege, or may be affected by the assertion of the state secrets privilege, a ruling on that motion shall be deferred pending completion of the hearings provided under this chapter, unless the motion can be granted on grounds unrelated to, and unaffected by, the assertion of the state secrets privilege.

‘(c) Pleading State Secrets- In answering a complaint, if the United States or an officer or agency of the United States is a party to the litigation, the United States may plead the state secrets privilege in response to any allegation in any individual claim or counterclaim if the admission or denial of that allegation in that individual claim or counterclaim would itself divulge a state secret to another party or the public. If the United States has intervened in a civil action, it may assert the state secrets privilege in response to any allegation in any individual claim or counterclaim if the admission or denial by a party of that allegation in that individual claim or counterclaim would itself divulge a state secret to another party or the public. No adverse inference or admission shall be drawn from a pleading of state secrets in an answer to an item in a complaint.

‘(d) Supporting Affidavit- In each instance in which the United States asserts the state secrets privilege in response to 1 or more claims, it shall provide the court with an affidavit signed by the head of the executive branch agency with responsibility for, and control over, the asserted state secrets explaining the factual basis for the assertion of the privilege and attesting that personal consideration was given to the assertion of the privilege. The duties of the head of an executive branch agency under this subsection may not be delegated.

So does that make anyone feel better knowing they have to show a Supporting Affidavit? It sure doesn’t impress me any considering that all they have to do is ask someone for their signature, (you scratch my back and I’ll scratch yours!). Nope, I’m not impressed at all. Just more ass covering that means nothing except complicity in whatever. Is there anyone that believes this would be done for REAL legal reasons and not some cover-up?

And this bill ties into another bill that was enacted back in 1980. The Classified Information Procedures Act says basically the same things.  Just how many ways does the federal government think they need to cover themselves is beyond me, but it is clear that the government is being very naughty if they have to keep coming up with bills that allow them to hide information and people if they feel like it. The actual code for this is found HERE:

One thing I noticed immediately about this bill, none of the codes it talks about are linked as most of the other bills are.  Now why would that be?  Are these codes secret?  No, they aren’t.  You can pull them up if you desire.  But they aren’t linked into this document.

And take a guess at which committee has this bill under consideration? Senate Judiciary!! Now there is a big surprise for you huh?  NOT!  Just seeing Senator Feinstein and Senator Orrin Hatch on that committee makes me question whether there is actually anyone in office that works for America any more or if they are all corrupt.

The interests of the *federal government* isn’t that of Americans, it is of those who corrupt and abuse the name of America and of Americans.  The Constitution strictly forbids our government from being engaged in perpetual war.  Yet we haven’t been out of a conflict since Vietnam.

ARTICLE 1, SECTION 8

The Congress shall have Power:

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress….

But we already know that Congress frequently ignores the Constitution and goes outside its jurisdictions especially where it concerns taking power unto itself.  Both Congress and the usurper get around that by not declaring war, instead they are helping other countries, promoting democracy and all that garbage.  After all, it isn’t their children dying.  It is the disposable youth of America.  Nor will we mention the fact that this bill destroys the 1st and 14th Amendments.  Once again, Congress strikes at the Constitution they have sworn to uphold and defend.  FIRE THE BASTARDS!

And while Cheney may be old news, he isn’t dead yet.  Some of the bilge he spews is this:

Cheney told U.S. troops, “Your children and my grandchildren will live in freedom tomorrow because of what you’re doing today.” He warned them of continuing threats there, however, saying, “Our coalition still has important work to do.” He added, “Freedom still has enemies here in Afghanistan. And you are here to make those enemies miserable.”

And just how will these children and grandchildren live in Freedom when their parents are killed in illegal wars? How will fighting in Afghanistan and Iraq in any way spread freedom here in these united States?  Especially since the tactics used by this country cause the other countries to hate us. Stop lying and start being honest with yourselves even if not with WE the PEOPLE!  We see through the BS going on and we do not approve.

Please, don’t get me wrong here, I support our troops 110%.  I just don’t support those elected officials who are lying and cheating and filling their pockets with money while our young men and women die or are raped or do the raping.  War is horrible.  War is not needed.  And the way this government treats returning veterans is a crime all its own!

The rest of the bill is just more of the same.  It isn’t a very long bill by some standards but I do wonder that they need yet another bill just to cover their asses. Obviously the government thinks it does.  What are they trying to hide???  A government of lies and liars is what is in Washington today.  This bill, S. 417, is for the sole purpose of allowing the government to cover up for its mistakes, for torture, for those responsible, and the illegal activities it is currently involved in.  A government of honor and justice wouldn’t need a State’s Secrets Bill.

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~ by justmytruth on May 14, 2009.

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