NEW U.S. successfully invokes state secrets privilege to end challenge by American journalist -- and U.S. citizen -- to his alleged placement on drone ‘kill list’. washingtonpost.com/local/legal-is…
“What constitutional right is more essential than the right to due process before the govt may take a life?" Judge Rosemary Collyer wrote. "While the answer may be none, courts possess limited authority [... even to resolve questions] alleged to involve constitutional rights."
“Despite the serious nature of Plaintiff’s allegations, this Court must dismiss the action pursuant to the government’s invocation of the state secrets privilege,” she concluded, saying the government's privilege to withhold sensitive national security information is "absolute"
Attorneys for the Bilal Abdul Kareem’s attorneys said the ruling rendered his "right to due process effectively meaningless.”
“For the first time ever, a U.S. federal court ruled that the government may kill one of its citizens without providing him the information necessary to prove that he is being wrongly targeted and does not deserve to die,” attorney Tara J. Plochocki of Lewis Baach said.
“The U.S. Government could have provided this information but chose not to and the Court found that the Government’s assertion of national security trumps his right not to be killed.”
After talks between Abdul Kareem’s lawyers and U.S. authorities broke down, the government tapped the rarely invoked state secrets authority...
saying Abdul Kareem sought information revealing “the existence and operational details of alleged military and intelligence activities directed at combating the terrorist threat to the United States.”
Prosecutors said that disclosing whether Abdul Kareem is on the “kill list” could permit him to evade capture or further U.S. action, and also could risk revealing or compromising intelligence sources and methods.
