NOTICE: The page below has been permenently FROZEN as of January 2000. Due to resource limitations, this section of our website is no longer maintained, so some links may not work and some information may be out of date. We have retained this page for archive reference only, and we cannot vouch for its accuracy. Broken links will not be repaired, and minor errors will not be corrected. You are responsible for independently verifying any information you may find here. More Info
|
From: Stig_Agermose@online.pol.dk (Stig Agermose) Date: Tue, 10 Feb 1998 15:37:35 -0800 |
Secrets Privilege Scuttles USAF Suit Claims by ex-employees gutted by 9th Circuit BY GAIL DIANE COX The National Law Journal (p. A06) Monday, January 26, 1998 SAN FRANCISCO --In an opinion that revives Cold War memories of state secrets and national security, the 9th U.S. Circuit Court of Appeals has rejected efforts by a group of former government employees to prove they were poisoned while working at a hush-hush military installation in Nevada. The state secrets privilege invoked by the secretary of the Air Force makes discovery and trial on the claims of environmental crimes "impossible", a 3-0 panel held Jan. 8 in a opinion by Judge Pamela Ann Rymer. "The government may use the state secrets privilege to withhold a broad range of information," wrote Judge Rymer. She added that since the Pentagon Papers case, Ellsberg v. Mitchell, 709 F2d 51 (D.C. Cir. 1983), "courts recognize the inherent limitations in trying to separate classified and unclassified information." Notwithstanding a plaintiff's ability to produce unclassified or even nonprivileged evidence, if the "very subject matter of the action" is a state secret, the opinion continues, "then the court should dismiss the plaintiff's action based solely on the invocation of the state secrets privilege." Kasza v. Browner, 96-15535. For rest of article see... http://www.ljx.com:80/cgi-bin/f_cat?prod/ljextra/data/texts/1998_0119_33.html +--------------------------------------------------------------- | Message edited by moderator | Original Date: Date: Wed, 21 Jan 1998 02:01:55 +0100 | | UFOMIND MAILING LIST - Supporting the Ufomind/PsiSpy Website | http://www.ufomind.com/misc/ - Glenn Campbell, Moderator | Submissions to: ufomind@lists.best.com | "unsubscribe" (in body) to: ufomind-request@lists.best.com | | RELEVANCE OF THIS MESSAGE: Area 51 | | Index: Groom Lake Hazardous Waste Lawsuit +---------------------------------------------------------------
|
Created: Feb 11, 1998