Keith Olbermann’s scathing criticism of Obama’s “sovereign immunity” claims

New and worse secrecy and immunity claims from the Obama DOJ

the Obama administration’s use of the radical Bush/Cheney state secrets doctrine and — worse still — a brand new claim of “sovereign immunity” to insist that courts lack the authority to decide whether the Bush administration broke the law in illegally spying on Americans.

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What’s being asserted here by the Obama DOJ is the virtually absolute power of presidential secrecy, the right to break the law with no consequences, and immunity from surveillance lawsuits so sweeping that one can hardly believe that it’s being claimed with a straight face. It is simply inexcusable for those who spent the last several years screaming when the Bush administration did exactly this to remain silent now or, worse, to search for excuses to justify this behavior.

In other words, beyond even the outrageously broad “state secrets” privilege invented by the Bush administration and now embraced fully by the Obama administration, the Obama DOJ has now invented a brand new claim of government immunity, one which literally asserts that the U.S. Government is free to intercept all of your communications (calls, emails and the like) and — even if what they’re doing is blatantly illegal and they know it’s illegal — you are barred from suing them unless they “willfully disclose” to the public what they have learned.

It is hard to overstate how extremist is the “soverign immunity” argument which the Obama DOJ invented here in order to get rid of this lawsuit.  I confirmed with both ACLU and EFF lawyers involved in numerous prior surveillance cases with the Bush administration that the Bush DOJ had never previously argued in any context that the Patriot Act bars all causes of action for any illegal surveillance in the absence of “willful disclosure.”  This is a brand new, extraordinarily broad claim of government immunity made for the first time ever by the Obama DOJ — all in service of blocking EFF’s lawsuit against Bush officials for illegal spying.

Obama Administration Embraces Bush Position on Warrantless Wiretapping and Secrecy

The Obama administration formally adopted the Bush administration’s position that the courts cannot judge the legality of the National Security Agency’s (NSA’s) warrantless wiretapping program, filing a motion to dismiss Jewel v. NSA late Friday.

In Jewel v. NSA, the Electronic Frontier Foundation (EFF) is challenging the agency’s dragnet surveillance of millions of ordinary Americans. The Obama Justice Department claims in its motion that litigation over the wiretapping program would require the government to disclose privileged “state secrets.” These are essentially the same arguments made by the Bush administration three years ago in Hepting v. AT&T, EFF’s lawsuit against one of the telecom giants complicit in the NSA spying.

“President Obama promised the American people a new era of transparency, accountability, and respect for civil liberties,” said EFF Senior Staff Attorney Kevin Bankston. “But with the Obama Justice Department continuing the Bush administration’s cover-up of the National Security Agency’s dragnet surveillance of millions of Americans, and insisting that the much-publicized warrantless wiretapping program is still a ‘secret’ that cannot be reviewed by the courts, it feels like deja vu all over again.”