-Caveat Lector-

Exposed: DOJ hypocrisy in 9/11 'state secrets' claim
< http://www.total911.info/2007/08/exposed-doj-hypocrisy-in-911-state.html >

Press release from Sibel Edmonds' **National Security Whistleblowers'
Coalition, August 23, 2007 <http://www.nswbc.org/>:

"GOVERNMENT REVEALS ITS OWN ABUSE OF STATE SECRETS PRIVILEGE

Department of Justice, Which Claimed State Secrets Required Termination of
Whistleblower Suit, Now Relies on Same "Secrets" to Avoid Tort Liability

Department of Justice and FBI attorneys, during recent depositions taken in
FBI whistleblower Sibel Edmonds' Federal Tort Claims case, Civil Action NO.
1:05-CV-540 (RMC), questioned witnesses regarding information previously
designated "state secrets" by the Attorney General.

In April 2004, the Justice Department succeeded in preventing Edmonds from
testifying in a law suit related to the September 11 terrorist attacks. The
law firm of Motley Rice, representing September 11 family members, had
subpoenaed Edmonds for a deposition, but the government argued that
information provided by Edmonds "would cause serious damage to the national
security and foreign policy interests of the United States." By invoking the
state secrets privilege and citing classification concerns, the government
quashed the subpoena, and even seemingly innocuous questions regarding
Edmonds' birth place, her date of birth, her languages, even her position as
a translator with the FBI, were deemed covered by the state secrets
privilege. To view the information classified in the Motley Rice subpoena
Click Here

Other Court proceedings in Edmonds' case were also blocked by the assertion
of the state secrets privilege, and the Congress was gagged and prevented
from investigating her case through retroactive re-classification of
documents by DOJ. In May 2004, the Justice Department retroactively
classified Edmonds' briefings to Senators Grassley and Leahy in 2002, as
well as FBI briefings regarding her allegations. The congressional gag
applied to all information related to Edmonds' case, including the
interrogation and arrest warrant issued for her sister in Turkey as a result
of a leak regarding Edmonds' monitoring of certain foreign targets of the
FBI. To read the timeline on Edmonds' case Click Here.

During recent depositions conducted by the Justice Department in a lawsuit
filed by Edmonds under FTC, Department of Justice and FBI attorneys, Dan
Barish and Ernest Batenga, questioned witnesses on and discussed information
that was previously declared state secrets. This information was
communicated on the record in the presence of parties who did not have
security clearance. Information such as the nature of Ms. Edmonds' work with
the FBI, the specific FBI units where she performed translation, FBI target
countries, the arrest warrant issued by the Turkish government for Ms.
Edmonds' sister, and congressional letters regarding the consequences of
Dickerson's espionage case in Turkey and here in the U.S., all of which were
retroactively classified by the Justice Department, was discussed and put in
the court record.

Edmonds' responded to this recent development: "The Department of Justice
has now confirmed what we knew all along: it is abusing the state secrets
privilege to avoid accountability, not to protect national security. How can
it be that the very same information is a state secret when it would assist
plaintiffs suing the government, but not a state secret when it would assist
the government in defeating plaintiffs? It's long past time for Congress to
put an end to the government's misuse and abuse of the state secrets
privilege."

Currently Edmonds, her attorneys, and civil liberties group are reviewing
this latest disturbing development and its implications on other SSP and
government secrecy cases. The law firm Motley Rice has also been notified
since their case is still active.

The following quotes are from legal experts and government watchdog
organizations:

"This latest revelation proves that throwing Ms. Edmonds' case out of court
was a travesty and a ploy, because no state secrets would have been
revealed," said David K. Colapinto, General Counsel for the National
Whistleblower Center. "If the courts won't prevent the government from using
the State Secrets Privilege as a trump card to cover-up agency wrongdoing
and to defeat meritorious claims, like Ms. Edmonds' whistleblower case, then
Congress must act to stop this odious practice," Colapinto added.

"These latest revelations are indicative of the arbitrary and self-serving
and excessive use of the state secrets privilege by the Executive Branch in
order to defeat specific cases of concern at the time," said Mark S. Zaid, a
Washington, D.C. attorney who served as counsel to Sibel Edmonds during her
state secrets litigation and who has handled several such cases. "This is
just another example of why either the Judiciary needs to aggressively
challenge state secret assertions by the Executive Branch or Congress needs
to intervene and legislatively limit the government's ability to utilize the
privilege," added Zaid.
"This proves the point we have been making all along," said Michael D.
Ostrolenk, National Director of the Liberty Coalition. "The use of the state
secrets privilege against Mrs. Edmonds is not about protecting true national
security. The government was not created to protect itself and various
political and financial interests but to secure Americans rights.

Nancy Talanian, Director of Bill of Rights Defense Committee, stated "The
DOJ's opportunistic classifying and divulging information raises suspicions
about its motivation for using State Secrets to silence Ms. Edmonds. Now
that the classified information has been revealed, it is time for Ms.
Edmonds to have her long-awaited day in court."
-----




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