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Jan. 19, 2005
Court Should Lift Shroud of Secrecy Over Documents, Reinstate Case of
Fired FBI Agent
Public Citizen Joins Other Open Government Groups in Filing Amicus
Brief; Government Classified Documents to Hide FBI Failures Rather Than
Protect National Security Secrets, Groups Say
WASHINGTON, D.C. - Public Citizen today filed a "friend of the court"
brief urging the U.S. Court of Appeals for the District of Columbia
Circuit to reinstate the case of former FBI translator Sibel Edmonds,
who was fired after reporting to superiors numerous instances of
wrongdoing in her unit.
Edmonds challenged her retaliatory dismissal by filing suit in federal
court. However, her case was dismissed in July 2004 when Attorney
General John Ashcroft invoked the "state secrets privilege" to halt the
litigation - a common law evidentiary privilege that allows the
government to withhold information on the grounds that it could
compromise national security.
Edmonds appealed the dismissal of her case. The American Civil
Liberties Union is representing Edmonds in the appeal, with the Project
on Government Oversight, the National Security Archive, the Government
Accountability Project, Reporters Committee for Freedom of the Press and
9/11 family organizations among those joining Public Citizen in filing
the amicus brief.
In their brief, the groups said that the U.S. Department of Justice
(DOJ) overreached in claiming that the entire case had to be dismissed.
They also say that the district court erred by failing to scrutinize the
basis of the government's privilege claim and determine whether an
accommodation was possible that would have permitted Edmonds to prove
her case without compromising national security information.
Further, the timing and breadth of the government's privilege claim
suggest that it was used as a litigation tactic to deprive Edmonds of
her day in court, rather than to protect legitimate secrets, the public
interest groups also assert. The privilege was also used to stop Edmonds
from testifying in a case brought by the families of those killed on
Sept. 11, 2001, against Saudi individuals and others who allegedly
financed al Qaeda.
The groups point out that much of the information that the government
claims is secret was released to Congress and the public before the
government asserted the state secrets privilege, a fact the district
court brushed aside.
"Courts must vigilantly police privilege claims to ensure that the
executive branch is not overreaching," said Michael Kirkpatrick, a
lawyer with Public Citizen who wrote the amicus brief. "Not only does
the misuse of the state secrets privilege unfairly deprive Ms. Edmonds
of her day in court, but it also sets off a wave of unnecessary secrecy
that denies the public access to information about the events of 9/11."
Oral argument in Edmonds' case is set for April 21, 2005. A recently
released DOJ Inspector General report confirms that Edmonds' allegations
had merit and deserve further investigation. It also lends weight to the
argument that Ashcroft invoked the rarely used state secrets privilege
to hide FBI failures rather than protect national security secrets.
To read the amicus brief, visit
http://www.citizen.org/documents/edmondsamicus.pdf.