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Supreme Court Silent on Secret Detentions

The Supreme Court declined to decide whether the administration can legally keep secret basic data about hundreds of foreigners arrested and detained following 9/11. Lawyers for the ACLU, which asked the Court to hear its appeal of an adverse lower court ruling, said that the government sealed immigration records and omitted detainees' names from jail rosters, among other tactics, to make sure details of hundreds of arrests remained secret. Such secrecy was justified, the administration claimed, because releasing details could give terrorists information about the 9/11 investigation, although according to the Associated Press, none of the more than 700 detainees was charged as a terrorist.

Posted 01-13-2004 12:29 PM EDT


Attacking the messenger?

The Bush spin machine shifted into fulll attack mode after former Treasury Secretary Paul O'Neill harshly criticized the administration's justifications for and judgment on tax breaks for the wealthy, steel tariffs, the war in Iraq and other policy decisions in interviews with "60 Minutes" and Time magazine and in upcoming book. Bush, he said, is like "a blind man in a room full of deaf people," and began planning regime change in Iraq during the first days of his presidency.

The administration is fighting back, USA Today reports. Yesterday the inspector general of the Treasury Department was asked to look into whether O'Neill - who was fired from his Cabinet post in 2002 - had released confidential material. White House spokesman Scott McClellan said O'Neill's publicity "appears to be more about trying to justify personal views and opinions."

Posted 01-13-2004 12:26 PM EDT


The Other Shoe Drops

Like the 620 members of the U.S. Park Police, we've been waiting for the other shoe to drop after Chief Teresa Chambers was first reprimanded and then suspended for stating publicly that her department was understaffed. The National Park Service has notified her that she will be fired for improperly lobbying Congress and disclosing secret budget details, The Washington Post reported. Her attorney said Chambers will defend herself against the charges, citing her First Amendment rights and the Whistleblower Protection Act.

All this drama started in early December when Chambers told reporters that she was forced to curtail patrols beyond the national Mall because an unfunded Interior Department mandate required four officers to be posted at the Washington Monument and the Lincoln and Jefferson memorials. "It seems like a big overreaction. It seems like it puts [federal officials] in jeopardy of being accused of ... retaliating against a whistleblower," Elaine Kaplan, former head of the U.S. Official of Special Counsel, told the Post.

Posted 12-19-2003 11:46 AM EDT


U.S. Citizen Can't Be Held as Enemy Combatant

A federal appeals court ruled today that President Bush doesn't have the authority to detain an American citizen seized on U.S. soil as an enemy combatant, CNN.com reported. By a 2-1 vote, the 2nd U.S. Circuit Court of Appeals ruled that Jose Padilla must be released from military custody within 30 days. For the past year and a half, Padilla has been held in a South Carolina naval brig. Sen. Lindsey Graham recently questioned the Bush administration's decision to keep the dirty-bomb suspect locked up without access to the courts.

Critics have argued that the administration's new anti-terrorism policies, which are cloaked in secrecy, are ripe for abuse. Legal experts told CNN that the Padilla case may wind up in the Supreme Court.

Posted 12-18-2003 2:55 PM EDT


No One Knows What Goes on Behind Closed Doors

Now that the U.S. Supreme Court has agreed to hear the White House argue why it shouldn't have to disclose documents from Vice President Dick Cheney's energy task force, conservative New York Times columnist William Safire asks, "Are Republicans out of their collective mind?" Not only is it wrong to ask the High Court "to erect a high barrier to finding out who is advising whom about the public's business behind closed doors," Safire writes, but it also smacks of hypocrisy because Republicans relentlessly criticized the Clinton administration for its executive privilege claims during the Paula Jones saga. Safire calls out President Bush for going "all out to keep his administration's energy deliberations from public scrutiny." And he has some advice for the White House: If "freedom" is the word Bush and Cheney want as the hallmark of their administration, they should begin with freedom of information.

Posted 12-18-2003 2:37 PM EDT

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