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View Diary: What's going on with FISA and the filibuster? (234 comments)

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  •  What the hell is going on with (10+ / 0-)

    Sheldon Whitehouse? He's says the poor telecoms are powerless to defend themselves in court because the administration is keeping all their "defenses" as state secrets. Does the Senator really believe this crypto-graymail crapolla? Even if true - as Senator Kennedy kindly pointed out - what's to keep the administration from doing likewise with Blackwater or Halliburton or any other of their favored partners in crime cum contractors?

    What is Whitehouse really playing at here? Surely, as a former US Attorney himself, he must know that no judge in the land will sit still for any "person" to be held liable in a civil court for following the existing law. So what's up Sheldon?

    The fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings. -- Julius Caesar, I.ii.

    by semiot on Mon Dec 17, 2007 at 12:02:56 PM PST

    •  And of course, the correct answer to Whithouse... (10+ / 0-)

      ... is "So when are you proposing legislation that removes the State Secrets Privilege as a legal argument against providing court testimony?"

      That's the measure that should be included in this FISA Amendment Act, not amnesty.

      •  Presicely, or in the alternative, that if the US (2+ / 0-)
        Recommended by:
        semiot, tbetz

        asserts a state secret privelege, then the other side wins by default.  Then, let's see how real this state secrets bullshit is.  Applying the empty chair doctrine to its full.  Or, less radically, make an evidentiary rule that makes the asserted facts by the party asking for the "secret" evidence be taken as proved when the state secret "privelege" is asserted.

        Patriotism may be the last refuge of scoundrels, but religion is assuredly the first.

        by StrayCat on Mon Dec 17, 2007 at 02:58:45 PM PST

        [ Parent ]

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