(along with the Washington Post, The New York Times, CNN and Several Media Outlets...wow)
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=18080&c=206ACLU Files Emergency Motion to Open Hearing in Case of FBI Whistleblower Sibel Edmonds
April 20, 2005
FOR IMMEDIATE RELEASE
Contact: media@aclu.org
The Washington Post, The New York Times, CNN and Several Media Outlets Also File Motion
WASHINGTON -- The American Civil Liberties Union and the ACLU of the National Capital Area today filed an emergency motion to open the D.C. Circuit Court of Appeals to the public during oral arguments tomorrow in a hearing over the termination of FBI whistleblower Sibel Edmonds. Several media outlets filed a separate emergency motion.
The move comes in response to an announcement from the court clerk this morning that the argument would be closed to everyone except attorneys involved in the case and Edmonds. Ann Beeson, Associate Legal Director of the ACLU National Office, will argue on behalf of Edmonds tomorrow.
"There is no plausible reason why members of the public and the press cannot be present at this hearing, especially since the written arguments of the parties are entirely on the public record," said Art Spitzer, Legal Director of the ACLU of the National Capital Area. "The rule of law does not evaporate because an appeal involves national security information."
In its motion, the ACLU noted that appellate arguments are historically open to the public as a matter of law, and that federal circuits have rejected efforts to close them, even in cases involving national security. When the United States asked the Supreme Court to close part of the oral argument in the Pentagon Papers case -- a case that involved classified information of the greatest sensitivity-that motion was denied. Likewise, in an appeal in the ongoing prosecution of Zacarias Moussaoui, an alleged conspirator in the September 11th terrorist plot, the court rejected the government’s move to close the entire hearing.
The ACLU said that the court’s decision does not appear to be based on state secrets because individuals allowed in the courtroom, including Edmonds’ lead attorney, do not have security clearance in this case to be present during discussions involving classified information. The ACLU also said that, in this case, the government has not even moved for a closed oral argument.
The Washington Post, The New York Times, Daily News, CNN, Reuters America, Bloomberg News, Associated Press, Los Angeles Times and several other media organizations also filed an emergency motion appealing the court’s decision. They noted that, "the public has a strong interest in observing this oral argument, as it involves numerous issues of high public importance."
Edmonds, a Middle Eastern language specialist who was hired by the FBI shortly after 9/11, was fired in 2002 after repeatedly reporting serious security breaches and misconduct. Edmonds challenged her retaliatory dismissal by filing a lawsuit in federal court, but her case was dismissed last July after Attorney General John Ashcroft invoked the so-called "state secrets privilege," and retroactively classified briefings to Congress related to her case.
The government has argued that every aspect of Edmonds’ case involves state secrets -- including where she was born and what languages she speaks. Edmonds is appealing to the United States Court of Appeals for the D.C. Circuit to reinstate her case. Several 9/11 family member advocacy groups filed a friend-of-the-court brief in support of her appeal.
For a copy of the motion filed today, go to:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=18078&c=206. =============
http://www.antiwar.com/blog/comments.php?id=2018_0_1_0_CJoin Sibel Edmonds' Protest Tomorrow
Sibel Edmonds to lead protest over government secrecy tomorrow morning
Tomorrow was to be the oral hearing on Sibel’s lawsuit fighting the State Secrets Privilege imposed over her case. The court has made the extraordinary decision to close the hearing to the public and to Sibel as well. Please come help show our outrage about the excessive secrecy imposed on her case! Sibel is organizing an impromptu protest in front of the courthouse.
Where: E. Barrett Prettyman United States Courthouse, Court of Appeals Courtroom, 333 Constitution Avenue, N.W., 5th Floor, Washington D.C.
When: Thursday, April 21, 9:00 a.m.-noon
Edmonds, a former Middle Eastern language specialist hired by the FBI shortly after 9/11, was fired in 2002 after repeatedly reporting serious security breaches and misconduct. Edmonds challenged her retaliatory dismissal by filing a lawsuit in federal court, but her case was dismissed last July after Attorney General John Ashcroft invoked the so-called "state secrets privilege," and retroactively classified briefings to Congress related to her case.
The government has argued that every aspect of Edmonds' case involves state secrets -- including where she was born and what languages she speaks -- and therefore cannot go forward. Edmonds is appealing to the United States Court of Appeals for the D.C. Circuit to reinstate her case. Several 9/11 family member advocacy groups filed a friend-of-the-court brief in her support. Ann Beeson, Associate Legal Director of the ACLU National Office, will argue on behalf of Edmonds. Oral arguments will be heard on April 21.
Beth Daley
Director of Communication
Project On Government Oversight
666 11th Street, NW, #500, Washington, DC 20010
Phone 202-347-1122 Fax 202-347-1116
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previous announcement:
http://releases.usnewswire.com/GetRelease.asp?id=45804 In Advance of Court Battle Over State Secrets, Experts Discuss the Government's Growing Use of Secrecy to Avoid Accountability
4/13/2005 4:11:00 PM
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To: Assignment Desk, Daybook Editor
Contact: Tracy Zimmerman or Crystal Streuber, 202-518-8047; tracy@PublicInterestPR.com or Paul Silva of ACLU, 212-549-2689 or 2666; media@aclu.org
News Advisory:
-- In Advance of Court Battle Over State Secrets, Experts Discuss the Government's Growing Use of Secrecy to Avoid Accountability
-- D.C. Circuit to Hear Case of National Security Whistleblower Sibel Edmonds on April 21
As a preview to the appellate argument in Sibel Edmonds' case, secrecy and legal experts will hold a press briefing on Wednesday, April 20th to address the far-reaching impact of Edmonds' case and the disturbing trend of excessive government secrecy aimed at avoiding accountability.
Edmonds, a former Middle Eastern language specialist hired by the FBI shortly after 9/11, was fired in 2002 after repeatedly reporting serious security breaches and misconduct. Edmonds challenged her retaliatory dismissal by filing a lawsuit in federal court, but her case was dismissed last July after Attorney General John Ashcroft invoked the so-called "state secrets privilege," and retroactively classified briefings to Congress related to her case.
The government has argued that every aspect of Edmonds' case involves state secrets -- including where she was born and what languages she speaks -- and therefore cannot go forward. Edmonds is appealing to the United States Court of Appeals for the D.C. Circuit to reinstate her case. Several 9/11 family member advocacy groups filed a friend-of-the-court brief in her support. Ann Beeson, Associate Legal Director of the ACLU National Office, will argue on behalf of Edmonds. Oral arguments will be heard on April 21.
Wednesday, April 20 -- Briefing with Lawyers and Experts on Secrecy and Government Accountability
-- Steven Aftergood, Director of the Project on Government Secrecy at the Federation of American Scientists
-- Barbara Olshansky, Center for Constitutional Rights, Counsel to Maher Arar
-- Sibel Edmonds, National Security Whistleblower
-- Ann Beeson, Edmonds' attorney, Associate Legal Director of the ACLU National Office
-- Danielle Bryan, Executive Director, Project on Government Oversight
When: 10 a.m.
Where: Washington Court Hotel, Hermitage Room, 525 New Jersey Avenue, NW, Washington, D.C.
RSVP: Tracy Zimmerman or Crystal Streuber, 202-518-8047; tracy@publicinterestpr.com
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Thursday, April 21 -- D.C. Circuit Court of Appeal Hearing
When: 9:30 a.m.
Where: E. Barrett Prettyman United States Courthouse, Court of Appeals Courtroom, 333 Constitution Avenue, N.W., 5th Floor
Immediately Following Hearing - Comments on Courthouse Steps
-- Ann Beeson, Edmonds' attorney, Associate Legal Director of the ACLU National Office
-- Sibel Edmonds, National Security Whistleblower
-- 9/11 Family Members
-- National Security Whistleblowers
Where: Courthouse Steps, E. Barrett Prettyman United States Courthouse, Court of Appeals Courtroom, 333 Constitution Avenue, N.W., 5th Floor
http://www.usnewswire.com /
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/© 2005 U.S. Newswire 202-347-2770/