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...is just incredible. It represents all the thinking (& confabulation & obfuscation) of this administration in regard to the TSP, state secrets, prosecution of the press...you name it. Here's something I didn't know (apologies if this came up in the Padilla/videotape post):
Question 14. Recently, U.S. District Court Judge Marcia Cooke authorized Jose Padilla, a former enemy combatant, to review classified information, including memoranda and videotapes regarding his status and information obtained during his interrogations, for use in his defense in a separate Miami terrorism case. What prevented the Administration from invoking the State Secrets Privilege in this case?
ANSWER: The Government may not invoke the state secrets privilege in criminal prosecutions. See, e.g., United States v. Reynolds, 345 U.S. 1, 12 (1953).
So, when you can't invoke state secrets privilege, just lose it. Congress has a tough row to hoe.
