Team 44 Looses 'State Secret'

Previously, a suit against Jeppesen Dataplan {2/10/09}for monetary damages by five detainees transported to a CIA "blacksite" for torture was dismissed by a lower federal court which accepted the Regime's argument that the claim should be disallowed to protect "state secrets" . Team 44 continued making the argument on appeal.  However, a Ninth Circuit three judge panel disagreed with the blanket invocation of protecting so-called state secrets, ruling that judges should make a case specific determination of whether national security could be breached.  The panel noted in a footnote that in the past the government had misused the legal concept to protect itself from embarrassment.  Team 44 has used the argument in two other cases involving NSA domestic spying, prompting criticism from Senator Finegold (D-WI).  Wackydoodle sez:  "Always read 'dem itty notes!"