Editore"s Note
Tilting at Windmills

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December 10, 2005
By: Kevin Drum

SECRET LAWS....John Gilmore is suing the government because he doesn't think he should be required to show ID before boarding a commercial flight. I think this is stupid and he deserves to be thrown out of court.

At least, that's what I'd think if it weren't for this:

The Bush administration...claims that the ID requirement is necessary for security but has refused to identify any actual regulation requiring it.

A three-judge panel of the 9th Circuit Court of Appeals seemed skeptical of the Bush administration's defense of secret laws and regulations but stopped short of suggesting that such a rule would be necessarily unconstitutional.

"How do we know there's an order?" Judge Thomas Nelson asked. "Because you said there was?"

....The Justice Department has said it could identify the secret law under seal, which would be available to the 9th Circuit but not necessarily Gilmore's lawyers. But any public description would not be permitted, the department said.

WTF? Call me naive, but I've never heard of a secret law. I've heard of secret courts and secret evidence which are bad enough already but not secret laws. When did this happen?

And another thing. How could it possibly harm national security to identify the text of the law that requires passengers to show ID before boarding a plane? Maybe someone with a more vivid imagination than me can come up with something, but I can't.

POSTSCRIPT: Seriously, is this true? I'm just gobsmacked. Congress is passing laws that the American public isn't allowed to know about? Any of us might be prosecuted under one of these laws that we don't know exists? Courts are being asked to interpret laws they've never seen?

This gives Kafakesque a very chilling and newly concrete meaning.

Kevin Drum 9:38 PM Permalink | Trackbacks | Comments (5)

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They also have secret plungers to secret-probe your ass (which sadly is no longer secret).


Posted by: Lupin on December 13, 2005 at 2:40 AM | PERMALINK

check out the Central Scrutinizer on Frank Zappa's monumentally foretelling Joe's Garage. the CS enforces
all of the laws that haven't been passed yet...

Posted by: earothedog on December 13, 2005 at 3:12 AM | PERMALINK

"You idiot freaks, look at the shit we have to deal with that cretin Bush in power."

Yeah. It's nothing like what we had to deal with during The Ozark Long March.


Posted by: Billy Beck on December 13, 2005 at 11:36 AM | PERMALINK

nice site..buts whats all this abt??..

Posted by: naz on December 13, 2005 at 4:59 PM | PERMALINK

If it's a secret law, how will you know if you break it?

Posted by: FastMovingCloud on December 13, 2005 at 7:40 PM | PERMALINK



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