!! History Commons Alert, Exciting News

October 18, 2002: Ashcroft Invokes ‘State-Secrets Privilege’ to Prevent FBI Whistleblower’s Suit from Being Heard in Court

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201]

Entity Tags: Robert S. Mueller III, Sibel Edmonds, Barbara Comstock, John Ashcroft, US Department of Justice

Timeline Tags: Complete 911 Timeline, Civil Liberties

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike