Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Here’s an interesting little story.  Way back in 1993 a couple of CIA agents wiretapped a DEA agent in Burma named Richard Horn, and when Horn found out he sued both the agents and the CIA for violating his civil rights.  The case muddled along for years, and a couple of days ago the government agreed to a settlement.

So far, so boring.  But why, after 15 years, did the government finally cave?  Turns out it’s because they were lying to the judge and got caught:

Earlier this year, U.S. District Judge Royce Lamberth suggested that the past and present CIA men may have perpetrated a “fraud on the court” through inaccurate declarations….Until Lamberth’s angrily worded July decision, government attorneys had successfully argued that the lawsuit, first filed in August 1994, must be sealed to protect state secrets.

….Tellingly, Lamberth further hinted in September that the government could be on a losing course if the case went to trial, as he suggested that “the only secret the government might have left to preserve is the fact they did what Horn alleges.”

The CIA had invoked the state secrets privilege, insisting that the case against one of its agents be dropped because he was working covertly and his identity couldn’t be revealed.  And they kept insisting that even after his cover had been lifted.  When Lamberth found out, he was not a happy judge.

More here.  This is yet another data point that restates the obvious: just because the government invokes the state secrets privilege doesn’t mean there really are state secrets involved.  Congress and the courts, who know this perfectly well, would be wise to demand a wee bit more judicial oversight in these cases instead of allowing the executive absolute discretion.  Pat Leahy’s State Secrets Protection Act would be a good place to start.

BEFORE YOU CLICK AWAY!

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And the essential ingredient that makes all this possible? Readers like you.

It’s reader support that enables Mother Jones to devote the time and resources to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

BEFORE YOU CLICK AWAY!

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And the essential ingredient that makes all this possible? Readers like you.

It’s reader support that enables Mother Jones to devote the time and resources to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate