03.11.2014 - 17:45 [ Techdirt ]

Court Tells US Gov‘t That ‚State Secrets‘ Isn‘t A Magic Wand They Can Wave To Make Embarrassing Cases Go Away

Earlier this year, we wrote about the case of Gulet Mohamed, a US citizen who was put on the no fly list and ran into some issues in the Middle East because of that (and by „issues“ we mean he was beaten by Kuwaiti officials for wanting to fly home to Virginia). The DOJ was making some nutty arguments, including claiming that the whole case should be thrown out because „state secrets.“ This is the usual claim in these kinds of cases. Back in August we noted that the judge, Anthony Trenga, was skeptical of this argument, asking for the DOJ to provide a lot more info to back up its claims (in that post we also noted that the DOJ wanted to pretend that the leaked guidelines for how the no fly list works hadn‘t been leaked).

Now the judge has ruled officially and rejected the DOJ‘s argument, saying that they can‘t just claim „state secrets“ and walk away.