ATTORNEYS FOR the Justice Department appeared before a federal judge in Washington this month and asked him to dismiss a lawsuit over the detention of a U.S. citizen, basing their request not merely on secret evidence but also on secret legal arguments. The government contends that the legal theory by which it would defend its behavior should be immune from debate in court. This position is alien to the history and premise of Anglo-American jurisprudence, which assumes that opposing lawyers will challenge one another's arguments.They're no longer content with keeping all of their "facts" secret (because, you know, by the light of day they might not look so great), but now even their lines of reasoning are too much for the public to handle. Kafka has nothing on these guys.
It should be noted that the case in question here involves a U.S. citizen. None of us can afford to be complacent about these antics!
(via kos)
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