Here in the US, when it comes to things like trying suspected terrorists, or trying to determine the legality of a government program, government officials will ask that the case be thrown out because of state secrets.
OK, first off, for government programs, whatever happened to checks and balances? I thought one of the reasons for our court system was to determine which laws/regulations/rules/procedures, etc… were constitutional, and which aren’t. To me, the executive branch being free to do whatever it wants, and telling both Congress and the Supreme Court to buzz off because of state secrets goes against checks and balances.
And as for picking somebody up at an airport, or bank, or wherever; giving them a unique designation which means that our government can basically do whatever they want, for how long they want. Well…words fail me.
So anyway, I thought of a solution that would allow trials, yet keep state secrets, secret. I’m posting this here because I’m sure there will be some dopers who will come along and tell me why I’m wrong.
My solution is, hold the trials using lawyers and judges who have the appropriate security clearance. If involving the plaintiff(s) and/or defendant(s) in the trial would compromise national security, or whatever, then have the trial held in absentia. I think that’s the right legal term.
Yes, it may not be perfect, but at least it would preserve the separation of powers; allow trials to be conducted where they weren’t allowed before, and where they are allowed, but highly questionable, such as allowing coerced testimony, or withholding evidence from the defense, it would allow for fairer trials (as long as the defense attorney was on the defendant’s side, which might be hard to tell if the trial is secret, I know.)
So, anybody disagree with what I said? If so, where am I going wrong?