State Secrets

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Here’s an interesting little story.  Way back in 1993 a couple of CIA agents wiretapped a DEA agent in Burma named Richard Horn, and when Horn found out he sued both the agents and the CIA for violating his civil rights.  The case muddled along for years, and a couple of days ago the government agreed to a settlement.

So far, so boring.  But why, after 15 years, did the government finally cave?  Turns out it’s because they were lying to the judge and got caught:

Earlier this year, U.S. District Judge Royce Lamberth suggested that the past and present CIA men may have perpetrated a “fraud on the court” through inaccurate declarations….Until Lamberth’s angrily worded July decision, government attorneys had successfully argued that the lawsuit, first filed in August 1994, must be sealed to protect state secrets.

….Tellingly, Lamberth further hinted in September that the government could be on a losing course if the case went to trial, as he suggested that “the only secret the government might have left to preserve is the fact they did what Horn alleges.”

The CIA had invoked the state secrets privilege, insisting that the case against one of its agents be dropped because he was working covertly and his identity couldn’t be revealed.  And they kept insisting that even after his cover had been lifted.  When Lamberth found out, he was not a happy judge.

More here.  This is yet another data point that restates the obvious: just because the government invokes the state secrets privilege doesn’t mean there really are state secrets involved.  Congress and the courts, who know this perfectly well, would be wise to demand a wee bit more judicial oversight in these cases instead of allowing the executive absolute discretion.  Pat Leahy’s State Secrets Protection Act would be a good place to start.

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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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