Tuesday, February 15, 2011

Dear Mr. President,

Yesterday’s letter nattered on about the nascent birth of democracy in Egypt while here at home we take freedom and liberties for granted, failing to see their erosion through things like the Patriot Act, illegal wiretaps, rendition and torture, suspension of habeas corpus, and assassination of our own citizens, all in the name of national security, the same justification used by Mubarak to subjugate Egyptians for 30 years. However, I failed to mention one of the more insidious: the State Secrets Privilege, a legal precedent from the 1800s but rarely used until recently, especially by the Bushies to evade accountability for torture, silence national security whistleblowers, and even dismiss a lawsuit alleging racial discrimination. According to the ACLU, “This once-rare tool is being used not to protect the nation from harm, but to cover up the government’s illegal actions and prevent further embarrassment.” Invoking State Secrets, the government can simply stop legal action in its tracks by making it impossible to gain or disclose information the government deems harmful to national security if made public. In last Friday’s New York Times, an article illustrated its power and misuse. A CIA agent, Kevin Shipp, and his family moved into government housing that had toxic mold which caused all kinds of health problems: nosebleeds, nausea, dizziness, loss of memory, acute asthma, etc. Despite his complaints, the army and the CIA downplayed and then denied any problems with the house and Mr. Shipp was forced to sue for damages. The case was referred to mediation and the government offered to settle for $400,000, then rescinded the offer and invoked the State Secrets Privilege to seal the case and stop further legal action. Mr. Shipp’s marriage ended and he left the CIA but his anger at the injustice spurred him to write a memoir showing how the government misuses the State Secrets Privilege and how flawed it is. Using only unclassified documents in the book, he submitted the manuscript to the CIA for the required prepubication clearance; it came back heavily redacted with all evidence of his claims blacked out and once again Mr. Shipp finds himself forced into a legal system skewed in favor of power against the common man, a situation not uncommon in the Middle East. Where does it end, Mr. President, and when do you do the right thing and fight back against the erosion of democracy? Those of us out here on the hustings are waiting for a sign.