1930s German Style Secret Trials Being Held In U.S

Post-9/11 Era Forum

Secret 9/11 case before high court
The justices consider a petition for a case with no public record
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By Warren Richey | Staff writer of The Christian Science Monitor

MIAMI – It's the case that doesn't exist. Even though two different federal courts have conducted hearings and issued rulings, there has been no public record of any action. No documents are available. No files. No lawyer is allowed to speak about it. Period.

Yet this seemingly phantom case does exist - and is now headed to the US Supreme Court in what could produce a significant test of a question as old as the Star Chamber, abolished in 17th-century England: How far should a policy of total secrecy extend into a system of justice?

Secrecy has been a key Bush administration weapon in the war on terrorism. Attorney General John Ashcroft warns that mere tidbits of information that seem innocuous about the massive Sept. 11 investigation could help Al Qaeda carry out new attacks.

Yet this highly unusual petition to the high court arising from a Miami case brings into sharp focus the tension between America's long tradition of open courts and the need for security in times of national peril. At issue is whether certain cases may be conducted entirely behind closed doors under a secret arrangement among prosecutors, judges, and docket clerks.

While secret trial tactics have reportedly been used by federal prosecutors to shield cooperating drug dealers, it's unclear whether the high court has ever directly confronted the issue. But that may change if they take up MKB v. Warden (No. 03-6747).

What's known about the case

This is among the first of the post-Sept. 11 terrorism cases to wend its way to the nation's highest tribunal. There was no public record of its existence, however, until the appeal was filed with the clerk of the US Supreme Court.

A federal judge and a three-judge federal appeals-court panel have conducted hearings and issued rulings. Yet lawyers and court personnel have been ordered to remain silent.

"The entire dockets for this case and appeal, every entry on them, are maintained privately, under seal, unavailable to the public," says a partially censored 27-page petition asking the high court to hear the case. "In the court of appeals, not just the filed documents and docket sheet are sealed from public view, but also hidden is the essential fact that a legal proceeding exists."

Despite the heavy secrecy, a brief docketing error led to a newspaper report identifying MKB by name in March. The report said MKB is an Algerian waiter in south Florida who was detained by immigration authorities and questioned by the FBI.

MKB's legal status remains unclear, but it appears unlikely from court documents that he is connected in any way to terrorism. He has been free since March 2002 on a $10,000 bond.

The case is significant because it could force a close examination of secret tactics that are apparently becoming increasingly common under Attorney General Ashcroft. In September 2001, he ordered that all deportation hearings with links to the Sept. 11 investigation be conducted secretly. In addition, the Justice Department has acknowledged that at least nine criminal cases related to the Sept. 11 investigation were being cloaked in total secrecy.

MKB v. Warden is the first indication that the Justice Department is extending its total secrecy policy to proceedings in federal courts dealing with habeas corpus - that is, an individual's right to force the government to justify his or her detention.

Nobody seems to be concerned, that our government is using commuinist & nazi tactics. This trial was leaked through an error. The question is how many of these secret trials are taking place in America as we speak?

"Bush wouldn't do anything harmful. He is an angel sent down from god. Why would the government do anything bad? This is preposterous, and I'm not going to read any futher!"

Comparisons between the US and 30s Germany, made by some "intelligent" and "logical thinking" people on these boards, are demonstration of the highest level of human stupidity, short-sightedness, and paranoya.
Have a nice day, Search For "Truth".

Originally posted by Search4Truth

So are you saying that I'm making up the fact that secret trials are currently taking place in America? This trial was leaked through error, just imagine how many of these our going on without our knowledge. I realize you hate to hear people who have different opinions than you, but this is the truth. America is taking an oppositie approach to what we have been standing up for since our existance. Being a TRUE PATRIOT, I'm not going to ignore this.

There may be 1000 reasons to take the criminals thru secret trials, including security of the US and importance of US military and intelligence information - areas where publicity comes at high cost.
Still making a comparison between todays USA and 30s Germany is stupid.

"Patriotism means to stand by the country. It does not mean to stand by the president or any other public official save exactly to the degree in which he himself stands by the country. It is patriotic to support him insofar as he efficiently serves the country. It is unpatriotic not to oppose him to the exact extent that by inefficiency or otherwise he fails in his duty to stand by the country." -- President Theodore Roosevelt, 1908

Very true.

Keep standing up Bush, and I will continue to stand up for America!

I dont stand up for Bush neither America, but the whole world. See SFT, maybe you dont understand this (you probably dont), but world's stability, prosperity and well-being comes from USA, and vice-versa. Another 2 rich countries across the ocean benefit the global economy, benefit the US and ALL of the other countries, and take a punch at terrorists who want to see instability and hopelessness. It may sound surprising to your inverted mind where 10 becomes -10 and liberation becomes occupation, but Bush actually stands up for US, even more than you do.