A: The government has claimed that they are “state secrets” and therefore cannot be discussed in court. The state secrets privilege, as Mother Jones reported in August, is basically a get-out-of-court-free card.
Bad news for Bush, the government’s attempt to invoke the privilege was denied in several suits brought against it as a result of warrantless wiretapping by the NSA. But, the New York Times reports today, the government is still using Kafkaesque tactics to make the suit difficult for the plaintiffs. The Justice Department is filing its legal briefs in an office in its own building. It promises the employees guarding the briefs and the litigators in the case are separate and that the documents have not been altered—but the funny thing about lying is that it makes everything you say in the future suspect. Government lawyers have also demanded that a document accidentally provided to an Oregon Muslim charity, documenting warrantless surveillance of the group, be returned to the FBI even though the document is the primary evidence the charity is using to claim damages.
Kinda makes your head spin, doesn’t it?