History of state Dep, States Secret dogma Or Evidence of a poison fruit evidence
The Bush administration argued that Zubaydah was a high-ranking member of al-Qaida who possessed information needed to fight the war on terror.
After his torture produced no actionable information, the CIA told the Department of Justice and the Senate that Zubaydah was not a member of al-Qaida, and it had no evidence of wrongdoing by him.
His lawyers filed a criminal complaint with the European Court of Human Rights against the CIA, its psychologists and the Polish intelligence agents who carried out the torture.
That court concluded that the torture did occur, and it referred the matter to Polish prosecutors to proceed criminally against the defendants.
During that criminal proceeding, Polish prosecutors asked the DOJ for the names of those who tortured Zubaydah and documentation of what they did to him.
In the Supreme Court last week, the government's lawyer conceded that the names of the torturers and the nature of their grisly deeds are already known — the psychologists wrote a book about it — but the government will not confirm any of it because it constitutes state secrets.
So, if these so-called secrets are now publicly known, why does the government refuse to confirm them?
On Oct. 6, 1948, a U.S. government plane was leaving from Robins Air Force Base in Warner Robins, Ga., for a round-trip flight to Orlando, Fla., when it crashed, killing its crew.
When surviving family members sued the government to determine who manufactured the plane and why it crashed, the feds declined to provide any information asserting that what was sought constituted state secrets.
In 1953, when the Supreme Court upheld this novel argument, it effectively changed the rules of evidence by permitting the federal government — without disclosing to a judge what the secrets are — to withhold evidence merely by making this claim.
Since 1953, the government has successfully asserted the state secrets claim dozens of times, each time claiming that the revelation of the so-called secrets will adversely affect national security.
In 2001, after the statute of limitations had long expired for any litigation over the 1948 crash, and reporters filed Freedom of Information Act (FOIA) requests for the alleged state secrets, a judge ordered the government to reveal them.
There were none.
And so we have a doctrine based upon a Corrupted court or a deceived court... States secret doctrine is based upon fraud upon the court.
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