While on vacation in Macedonia Khaled El-Masri was detained by the local authorities then transfered to U.S. authorities where in turn he was brutally tortured. Months later the CIA had discovered that the man they held hostage was not the man they were actually looking for. When El-Masri filed suit, the case was immediately dismissed on the count that there was no evidence, and the evidence they did have could not be viewed because it holds " state secretes". This is not the first time such a call was made. When the government has failed to do something justly and they are being called out on it they simply state that they can not disclose the evidence because of "state secrete privileges". Many cases have gone with out fair trial due to this loop hole in the constitution.
The problem here is not in the lack of evidence but in the lack of the judicial branch's use of their power in the system of checks and balances. The supreme court should instead of excepting executive claims judges can and should privately check and review the evidence that is under the claim of the privileges. The system of checks and balances depends on the judicial review of the executive branch actions. We need to limit the use of the " states secretes privilege" and restore independent judicial review.
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3 comments:
I agree with your statement. Our checks and balances seem to becoming less and less affective. The judicial branch seems to have less and less power.
It's discouraging to know that the checks and balances system, our safety net, is being abused. There's no way that withholding information on charges of "state secret privileges" is Constitutional. Nixon couldn't do it during the Watergate Scandal, so the executive branch shouldn't be able to do it now.
I agree with lil grape swisha, our judicial branch seems weaker due to the loopholes and the unspecified laws in the constitution. Its horrible to hear about injustice torture and something should be done.
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