Glenn, in that filing, see footnote 8 on page 6.

There the Obama DOJ attempts to slip one by the Court, and US, by explaining the new Obama State Secrets Privilege invocation policy and describing the individual requirements that must be met before they do so with this:

...Section 1.C of the Department’s policy places further limitations on the Government’s defense of a state secrets privilege assertion, for example, by prohibiting such invocations for the purpose of concealing violations of the law or to prevent embarrassment to the Government. Id. § 1.C...

The Obama DOJ claims in the footnote to have met the requirements of Section 1.A, and to have met the requirements of Section 1.B.

But notice that while they describe the requirements of Section 1.C above, nowhere to they assert that they've met those very requirements.

By doing so, the Obama DOJ makes abundantly clear, that it in fact cannot meet the requirements of Section 1.C., and in fact this very state secrets privilege invocation is meant "for the purpose of concealing violations of the law or to prevent embarrassment to the Government".

And only a four year old could possibly read it any differently!

Shorter Lanny Davis: "Just because I take money for giving public blowjobs, doesn't mean I suck."

Hi Glenn,

I just thought I'd pass on this info from the ACLU's site - http://www.aclu.org/safefree/detention/38714res20090113.html

If I’m reading these filings correctly via the ACLU, it seems that the DOJ is now proposing that the teenage detainee Mohammed Jawad is going to be released to his home country of Afghanistan:

Al-Hamandy v. Obama - Government’s Proposed Order for Resolution in Jawad Habeas Case (2 page PDF) - http://www.aclu.org/pdfs/safefree/alhamandyvobama_proposedorder_07292009.pdf

"ORDERED that when 15 days following the submission of the aforesaid information to the Congress have passed, Respondents shall promptly release petitioner Jawad from detention at the U.S. Naval Station at Guantanamo Bay and transfer him to the custody of the receiving government."

Al-Hamandy v. Obama - Government’s Memo Supporting Proposed Order for Resolution in Jawad Habeas Case (14 page PDF) - http://www.aclu.org/pdfs/safefree/alhamandyvobama_memosupporting07292009order.pdf

As I interpret these filings, this also means no US criminal prosecution as the DOJ had been contemplating.

While this is a "proposed" order for Judge Ellen Segal Huvelle, I’m guessing it is pretty much a done deal.

Hi Glenn,

I just thought I'd pass on this info from the ACLU's site - http://www.aclu.org/safefree/detention/38714res20090113.html

If I’m reading these filings correctly via the ACLU, it seems that the DOJ is now proposing that the teenage detainee Mohammed Jawad is going to be released to his home country of Afghanistan:

Al-Hamandy v. Obama - Government’s Proposed Order for Resolution in Jawad Habeas Case (2 page PDF) - http://www.aclu.org/pdfs/safefree/alhamandyvobama_proposedorder_07292009.pdf

"ORDERED that when 15 days following the submission of the aforesaid information to the Congress have passed, Respondents shall promptly release petitioner Jawad from detention at the U.S. Naval Station at Guantanamo Bay and transfer him to the custody of the receiving government."

Al-Hamandy v. Obama - Government’s Memo Supporting Proposed Order for Resolution in Jawad Habeas Case (14 page PDF) - http://www.aclu.org/pdfs/safefree/alhamandyvobama_memosupporting07292009order.pdf

As I interpret these filings, this also means no US criminal prosecution as the DOJ had been contemplating.

While this is a "proposed" order for Judge Ellen Segal Huvelle, I’m guessing it is pretty much a done deal.

I haven't read the order, but I assume it's basically just a stay of their order to release the photos -- the only way to give the Obama administration the chance to appeal to the Supreme Court (or get a law from Congress) is to give them some time...

I too found this a bit strange since Supreme Court Justice Ginsburg had already:

...given the federal government, at its request, an added 30 days to file a possible appeal seeking to prevent the disclosure of more than four dozen U.S. Army photos that are said to show severe abuse by American soldiers of detainees in Iraq and Afghanistan. Without the Ginsburg order, a petition would have been due June 9. The order, issued Friday in Defense Department v. American Civil Liberties Union (08A1068) and made public Monday, extended that deadline to July 9...

That was via Scotsublog (http://www.scotusblog.com/wp/more-time-for-abuse-photos-appeal/)

As IANAL, perhaps I'm just misunderstanding the required judical process mechanics.

Glenn,

We've become addicted to Fear!

To the Republicans, in their feverish flopsweat, terror-filled imaginings, not mainlining their daily dose will be, must be, needs be, FATAL!

And so, the rest of US must mainline it too!

"OMG, I'm running out of Fear! Oh woe is me, the end is near!"

The GOP has intentionally, institutionally and frantically used the Fear drug to render not only the themselves, but the entire nation into the desired cowering, cringing state of zombie supplicants, forever weeping at the thoughts of their assured future perdition.

"No one is safe, the barbarians are almost upon us! Run, run for your lives!"

I can't wait until we all come down. Gonna be a badass bummer, doncha think?