31 Oct '14, 12pm

Court denies DOJ motion to dismiss state secrets case

A federal court yesterday denied a government motion to dismiss a pending lawsuit that the Obama Administration said involved state secrets. It appears to be the first time that such a motion for dismissal has ever been rejected in a state secrets case. [Update: Not so. There was a previous instance; see below.] The lawsuit, Gulet Mohamed v. Eric H. Holder , concerns the constitutionality of the “no fly” list. The government filed its dismissal motion last May 28. It included a declaration from Attorney General Eric Holder in which he asserted “a formal claim of the state secrets privilege in order to protect the national security interests of the United States.” An accompanying memorandum of law elaborated on the government’s claim. In August, Judge Anthony J. Trenga of the Eastern District of Virginia ordered the government to provide copies of the assertedly privileged ...

Full article: http://fas.org/blogs/secrecy/2014/10/ssp-denial/

Tweets

Govt replies to court's criticism of past use o...

fas.org 20 Oct '14, 2pm

Last week government attorneys submitted 28 documents concerning “watchlisting” procedures to a federal court for in camer...