Sunday, December 11, 2005

Kafka has nothing on the U.S. government

The Washington Monthly:
"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.

Wired.com:

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?"

Replied Joshua Waldman, a staff attorney for the Department of Justice: "We couldn't confirm or deny the existence of an order." Even though government regulations required his silence, Waldman said, the situation did seem a "bit peculiar."

"This is America," said James Harrison, a lawyer representing Gilmore. "We do not have secret laws. Period." Harrison stressed that Gilmore was happy to go through a metal detector. "

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