Originally published at: https://boingboing.net/2019/09/24/with-state-secrets-privilege.html
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So he can’t find out if he’s on the kill list so he can sue to get off the kill list, all he can do is hope to not get killed because of maybe being on the kill list?
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Always remember folks, the state secrets privilege doctrine was enshrined in our courts based on an ass-covering lie.
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Not Kafkaesque. There is a comprehensible method to this madness.
Follow-up question: would he be on the list if his name was, say, Peter Smith?
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Where is the ‘state secrets’ clause in the constitution? How can any court uphold state secrets over the right to due process, particularly given the constitution repeatedly pointing out that powers not enumerated in the constitution are explicitly denied to the government?
Obviously we can’t tell you whether or not a state secrets clause exists.
No, but he’d be on the no-fly list.
After the Patriot Act, flying with a common first and last name involved lots of hoop-jumping to prove that you weren’t, e.g., that Peter Smith that once wrote a scathing editorial, or whatever that Pete Smith did to get himself blacklisted.
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