Re: also Key Figure in Wiretapping Suit Goes Public

[David Farber <dave () farber net>]

Begin forwarded message:

From: bobr () bobrosenberg phoenix az us
Date: March 7, 2008 7:32:51 AM EST
To: "David Farber" <dave () farber net>
Subject: Re: also  Key Figure in Wiretapping Suit Goes Public

Dave

Am I the only one here who remembers that the origin of the "State  
Secrets
Privilege" is based upon the U.S. Government (Executive Branch)  
committing a Fraud
on the United States Supreme Court?

"Supreme Court recognition in U.S. v. Reynolds"
http://en.wikipedia.org/wiki/State_Secrets_Privilege#Supreme_Court_recognition_in_U.S._v._Reynolds

"The privilege was first officially recognized by the U.S. Supreme  
Court in a 1953
decision, United States v. Reynolds (345 U.S. 1). A military airplane,  
a B-29
Superfortress bomber, crashed. The widows of three civilian crew  
members sought
accident reports on the crash but were told that to release such  
details would
threaten national security by revealing the bomber's top-secret
mission.[1][2][3][4][5][7][6][8] The court held that only the  
government can claim
or waive the privilege, and it “is not to be lightly invoked”, and  
last there “must
be a formal claim of privilege, lodged by the head of the department  
which has
control over the matter, after actual personal consideration by that  
officer.”[1]
The court stressed that the decision to withhold evidence is to be  
made by the
presiding judge and not the executive.[1]

"As a footnote to the founding case establishing the privilege, in  
2000, the
accident reports were declassified and released, and it was found that  
the argument
was fraudulent, and there was no secret information. The reports did,  
however,
contain information about the poor state of condition of the aircraft  
itself, which
would have been very compromising to the Air Force's case. Many  
commentators have
alleged government misuse of secrecy in the landmark case.[9]

"Despite this ruling, a case might still be subject to judicial review  
since the
privilege was intended to prevent certain, but not all, information to  
be
precluded.[1]"
--
Bob Rosenberg
P.O. Box 33023
Phoenix, AZ  85067-3023
Mobile:  602-206-2856
LandLine:  602-274-3012
bob () bobrosenberg phoenix az us

**************

"Once a government is committed to the principle of silencing the  
voice of
opposition, it has only one way to go, and that is down the path of  
increasingly
repressive measures, until it becomes a source of terror to all its  
citizens and
creates a country where everyone lives in fear."
-- President Harry S. Truman, message to Congress, August 8, 1950

"Civil government cannot let any group ride roughshod over others  
simply because
their consciences tell them to do so."
-- Justice Robert H. Jackson
While an Associate Justice of the United States Supreme Court, Jackson  
was appointed
Chief United States Prosecutor at the International War Crimes  
Tribunal in
Nuremberg, Germany.
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This encrypted protest made possible by: http://www.wiretapthis.com/

(Please include our credit line in your email signature to help spread  
the word.)

Hey, NSA, the key used was "WireTap!"", the IV was (in hex)  
"fc4cae6c8b1cad59", the
method was "DES", and the mode was "CBC" - you can't say we're hiding  
anything!

> ________________________________________
> From: ' =JeffH ' [Jeff.Hodges () KingsMountain com]
> Sent: Thursday, March 06, 2008 11:14 AM
> To: David Farber
> Cc: ' =JeffH '
> Subject: Re: fyi: Key Figure in Wiretapping Suit Goes Public
>
> See also...
>
> Hepting v. AT&T
> http://en.wikipedia.org/wiki/Hepting_v._AT&T
>
>
> =JeffH




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