NYTimes Sues The Federal Government For Refusing To Reveal Its Secret Interpretation Of The PATRIOT Act
from the secret-laws-and-secret-interpretations dept
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. While the two Senators continue to put pressure on the feds and to hint at the feds' interpretation, just the fact that the government won't even explain its own interpretation of the law seems ridiculous.
Given all of this, reporter Charlie Savage of the NY 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.
Julian Sanchez points us to the news that Savage and the NY Times have now sued the federal government for not revealing its interpretation of the PATRIOT Act, pointing out that if parts of the interpretation contain classified material, the Justice Department should black that out and reveal the rest, but simply refusing to reveal the interpretation entirely is a violation of the Freedom of Information Act. You can bet that the feds will do everything they can to get out of this lawsuit, just as they did with the various lawsuits concerning warrantless wiretapping. Here's hoping the court systems don't let them. No matter what you think of this administration (or the last one) and how it's handling the threat of terrorism, I'm curious how anyone can make the argument that the US government should not reveal how it interprets the very laws under which it's required to operate.
Given all of this, reporter Charlie Savage of the NY 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.
Julian Sanchez points us to the news that Savage and the NY Times have now sued the federal government for not revealing its interpretation of the PATRIOT Act, pointing out that if parts of the interpretation contain classified material, the Justice Department should black that out and reveal the rest, but simply refusing to reveal the interpretation entirely is a violation of the Freedom of Information Act. You can bet that the feds will do everything they can to get out of this lawsuit, just as they did with the various lawsuits concerning warrantless wiretapping. Here's hoping the court systems don't let them. No matter what you think of this administration (or the last one) and how it's handling the threat of terrorism, I'm curious how anyone can make the argument that the US government should not reveal how it interprets the very laws under which it's required to operate.






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Huh
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Holy shit, Batman!
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Consttutional issue
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And no, William Shatner wasn't involved in any way. The film adapation starred Gregory Peck as Finch.
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Re: Consttutional issue
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I'm curious how anyone can make the argument that the US government should not reveal how it interprets the very laws under which it's required to operate.
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This is really good news
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Re: Huh
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iTS ALL CHANGED
I still find it fun that the laws for the poor, have no cognizance from those above. I was raised that ALL WAS EQUAL. and as an adult, I learned differently.
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Lots of non-sequitors and hyberbole, and maybe a a spotlight and gamblers fallacy for good measure. I will be back to show you in a bit.
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What Gives
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SHIT, LET ME OUT OF HERE!
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Congress: just repeal ...
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- George Orwell, 1984, Book 1, Chapter 3
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Great Interest.
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Re: Everyone sign in as "out_of_the_blue"!
By the way, if came to it, I've a rare if not unique browser header, always give the same email address, and so on. Only one who can spoof me is Mike, or someone he informs.
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Re: hidden interpretations of other laws?
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Is there a lawyer in the house?
So seriously- I'm curious how the feds rationalize the legality of a 'secret law'. The very concept seems so completely at odds with a representative government that I'm at a loss to speculate even a laughable argument, much less something with that might make some kind of sense.
Can someone help with this?
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Not that it matters, but...
Just think what that secret interpretation must look like to pass that threshold...
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Re: Re: Everyone sign in as "out_of_the_blue"!
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In a nation where the government serves The People, what does it say about the government that it regards those People as the enemy that secrets must be kept from?
Does that make the federal government the much sworn about but rarely seen domestic enemy of the Constitution?
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Re: Is there a lawyer in the house?
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Re: What Gives
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will the government start having hidden interpretations of other laws now?
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Re: Re: Re: Everyone sign in as "out_of_the_blue"!
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A but there is another point...
As we dont know what level of classification that implies, It could mean that even knowing the law could be against the law for some people.
I look forward to them arguing about *that* in court.
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Re: Re: Re: Everyone sign in as "out_of_the_blue"!
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If I needed a reason to subscribe to the times
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Re: Huh
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Re: A but there is another point...
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LAND OF THE FREE?
WHOEVER TOLD YOU THAT IS YOUR ENEMY! (ratm)
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We don't live in a democracy
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Re: What Gives
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nyt sues fed
A law is not and cannot be valid if it contravenes a higher law. ie a contract law is not valid law if it contravenes a criminal law. And a criminal law cannot be valid law if it contravenes a Natural law.
The usually given example of this is a law that cannot possibly be conformed to.
If a government has an interpretation of a law yet refuses to give that interpretation to its citizens then that law is, by that fact alone, invalid as it cannot possibly be conformed to.
This is a straight-forward no-brainer. Unfortunately you (We) have a government that has no regard for law at all – At All! Except as a vehicle to achieve its aims or avoid sanction, whenever and wherever it suits.
It wages undeclared war, yet uses the invalid excuse of 'rules of war' to murder its own citizens without due process, kills civilians to achieve its goals as a matter of course, invents the non-existent label of 'illegal combatant' to more easily enable torture of whomever it wants - with or without reason let alone due process, and corruptly pillages the people and the nation and the world for its own benefit and the benefit of those who remain in the shadows and actually pull its strings. And on and on and on ....
"It's a Republic Madam. If you can keep it".
Well obviously you (We) couldn't. Your (Our) choices are now either submission, or Lawful Rebellion. And I'll remind you that in law not making a choice is a choice. It's acceptance, or submission.
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Re: Congress: just repeal ...
Congress has.
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NYT Ignores Pleas from Victims of USG Extrajudicial Persecution
http://nowpublic.com/world/u-s-silently-tortures-americans-cell-tower-microwave-weapon
http ://nowpublic.com/world/thugocracy-u-s-fed-police-vigilantes-persecute-citizen-targets
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democracy, republics, and juries
If it's freedom we desire, we have to get back to what the Founding Fathers really wanted: a republic. A republic is a country where the leaders are held accountable by the citizenry. The only institution in the American system of government designed to do that was the citizen jury, which has the inherent right to judge both the law and the facts of a case. Since 1894, juries have been systematically misled on this issue, told nowadays they must apply the law as given by the court, like it or not.
The Founding Fathers would turn over in their graves if they heard such a perversion of their intent. They knew that any form of government, unless the laws it passed were subject to citizen review and rejection, would ultimately become tyrannical. As Thomas Jefferson put it, "I consider trial by jury as the only anchor yet devised by man by which a government can be held to the principles of its constitution."
Up until 1894, judges would routinely tell jurors of their power and duty to judge both law and fact. But the decision in Sparf and Hansen, 1894, was that yes, jurors always do have this power, but the court has no obligation to tell them about it. Since then, the political function of the jury has been lost to us, and with it the possibility of reviving citizen control of government.
When Benjamin Franklin was asked by a woman, just after the Constitutional Convention in Philadelphia, what sort of government the new nation was to have, he said, "A republic, madam--if you can keep it."
We've lost it, and the atrocity known as the Patriot Act, its publicly available and secret elements alike, is proof positive.
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Re: Congress: just repeal ...
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Re: Re: Congress: just repeal ...
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Re: We don't live in a democracy
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Re: nyt sues fed
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Re: nyt sues fed
from the Declaration of Independence
these words tell us everything we need to do.
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Re: Re:patriot act
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The Patriot Act
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Re: Consttutional issue
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FOIA Refused
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