Saturday, July 12, 2008

Secret Government?

At this link is brief of amicus curiae, the National Archive (of Washington, D.C.) and Electronic Frontier Foundation, in the case of Doe v. Mukasey, on appeal from the US District Court, Southern District of New York. Summary of the argument: judicial review of government's demands for secrecy is necessary to protect the security of the nation and quality of government decision making.

The case has an aspect of interest for habeas watchers: it challenges an attempt by Congress to usurp the traditional role of the courts. Part of the AEDPA, governing federal judicial review of habeas corpus, does this also, and may well fall under fire from recent constitutional challenges.

1 comment:

Anonymous said...


A new Internet radio show "Change of Venue" premiered in the Chicago area on July 14, 2008, coincidentally the anniversary of Bastille Day, at 11:00 a.m. Chicago time. See . A new "Change of Venue" (COV) show will be broadcast every two weeks at the same time, and both new topics and tuning in information appear on the Website.

Both COV and the Citizens' Forum on Judicial Accountabilty which preceded it (see Website) are a response to a compelling national problem. Retired Supreme Court Justice Sandra Day O' Connor has been heavily involved in, and other judges have spoken out about judicial independence and the dangers of any further monitoring of the judiciary. And compelling arguments have been made on the first issue. There exists what some term the Sandra O' Connor Project (SOP) a series of conferences extolling to other judges, leaders in business and the media, and civic leaders the point of view of many prominent judges. Part of SOP also educates high school students about the three branches of government. The National Judicial Conduct and Disability Law Project (NJCDLP) called the Citizens' Forum which was held in Washington D. C. this past May 15 so that all voices could be heard on these and related issues.

NJCDLP will prepare and submit a Report to Congress to the Judiciary Committees of both the House and Senate once the new Congress and President are sworn in. The next COV program will discuss the Citizens' Forum, its objectives, and some distinguished members' comments on their expectations and how well they were fulfilled. Other shows will feature some very interesting witnesses at the Forum, and then later some grassroots advocates with their refelections on the state of the judiciary and proposed solutions. Time will be allowed for audience participation. And maybe your insight or comment may make its way into the forthcoming Congressional Report. Stay tuned.

Andrew D. Jackson
"Change of Venue"