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Justice Alito’s opinion for the court seems to be based on the theory that the secret court may one day, in some as-yet unimagined case, subject the … - Jameel Jaffer
" "Justice Alito’s opinion for the court seems to be based on the theory that the secret court may one day, in some as-yet unimagined case, subject the law to constitutional review, but that day may never come. In many national security cases, the government has prevailed at the outset by citing lack of standing, the state secrets doctrine or officials’ immunity from suit.... More than a decade after 9/11, we still have no judicial ruling on the lawfulness of torture, of extraordinary rendition, of targeted killings or of the warrantless wiretapping program. These programs were all contested in the public sphere, but they have not been contested in the courts.”
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About Jameel Jaffer
Jameel Jaffer is a human rights and civil liberties attorney and the inaugural director of the Knight First Amendment Institute at Columbia University, which was created to defend the freedoms of speech and the press in the digital age. Jaffer is particularly notable for the role he played in litigating Freedom of Information Act requests that led to the release of documents concerning the torture of prisoners held at the Guantanamo Bay detention camp and in CIA black sites.
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Additional quotes by Jameel Jaffer
President Obama has spoken eloquently about the importance of restoring America’s moral authority abroad. Restoring that moral authority, though, will require restoring the rule of law at home, and restoring the rule of law at home will require finally confronting the gross human rights abuses of the last administration. Crucial to this process will be the creation of a comprehensive and publicly accessible record of the last eight years.
The important fact is that Assange has been indicted on the grounds that he engaged in activities like cultivating confidential sources, maintaining their confidentiality or maintaining the confidentiality of their identities, and publishing classified secrets. And, of course, those things, all of those things, are integral to national security journalism.
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Our request was relatively broad because we don’t think the public can meaningfully evaluate the lawfulness of the strike that killed al-Aulaqi and Samir Khan—or the strike that killed 16-year-old Abdulrahman al-Aulaqi two weeks later—without access to the factual basis the government relied on to justify the strikes. We also believe that the public is entitled to records relating to civilian casualties.... Once the Second Circuit remands our case to the district court, the ACLU will almost certainly be litigating not only over the other OLC memos but over this kind of factual information as well.
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