Can you have the rule of law when the law is secret?
....I’m most interested in how all three units at DOJ — as reflected in declarations from FBI’s David Hardy, National Security Division’s Mark Bradley, and Criminal Division’s John Cunningham – claimed the files at issue [in the Wikileaks] were protected by statute.
None named the statute in question. All three included some version of this statement, explaining they could only name the statute in their classified declarations.
The FBI has determined that an Exemption 3 statute applies and protects responsive information from the pending investigative files from disclosure. However, to disclose which statute or further discuss its application publicly would undermine interests protected by Exemption 7(A), as well as by the withholding statute. I have further discussed this exemption in my in camera, ex parte declaration, which is being submitted to the Court simultaneously with this declaration
In fact, it appears the only reason that Cunningham submitted a sealed declaration was to explain his Exemption 3 invocation.
And then, as if DOJ didn’t trust the Court to keep sealed declarations secret, it added this plaintive request in the motion itself.
Defendants respectfully request that the Court not identify the Exemption 3 statute(s) at issue, or reveal any of the other information provided in Defendants’ ex parte and in camera submissions.
DOJ refuses to reveal precisely what EPIC seems to be seeking: what kind of secret laws it is using to investigate innocent supporters of WikiLeaks.
Just one question:
How do you know when you've transgressed the unwritten law?
Rogers: I've been told Dinsdale Piranha nailed your head to the floor.
Stig: No. Never. He was a smashing bloke. He used to buy his mother
flowers and that. He was like a brother to me.
Rogers: But the police have film of Dinsdale actually nailing your head to
Stig: (pause) Oh yeah, he did that.
Stig: Well he had to, didn't he? I mean there was nothing else he could do,
be fair. I had transgressed the unwritten law.
Rogers: What had you done?
Stig: Er... well he didn't tell me that, but he gave me his word that it was
the case, and that's good enough for me with old Dinsy. I mean, he
didn't *want* to nail my head to the floor. I had to insist. He
wanted to let me off. He'd do anything for you, Dinsdale would.
Rogers: And you don't bear him a grudge?
Stig: A grudge! Old Dinsy. He was a real darling.
Rogers: I understand he also nailed your wife's head to a coffee table.
Isn't that true Mrs O' Tracy?
Mrs O' Tracy: No, no, no, no, no, no, no, no, no, no.
Stig: Well he did do that, yeah. He was a hard man. Vicious but fair.
To answer my own question: When Obama orders Holder to nail your head to the floor.
I walked out with Dinsdale on many occasions and found him a charming and
A professor of Constitutional law, even!