ACLU Files Emergency Motion to Open Hearing in Case of FBI Whistleblower

[G_j]

(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=206

ACLU Files Emergency Motion to Open Hearing in Case of FBI Whistleblower Sibel Edmonds

April 20, 2005

FOR IMMEDIATE RELEASE
Contact: [email protected]

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_C

Join 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 [phone] Fax [phone]


-----------

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


--------------------------------------------------------------------------------

To: Assignment Desk, Daybook Editor

Contact: Tracy Zimmerman or Crystal Streuber, 202-518-8047; [email protected] or Paul Silva of ACLU, 212-549-2689 or 2666; [email protected]

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; [email protected]

---

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 /

-0-

/© 2005 U.S. Newswire 202-347-2770/

[acmavm]

1. Just the very idea that these hearings would be closed to the public

speaks volumes. They have so much to hide and they (the powers that be) cannot afford for the American public to get wise to the fact that this whole mess has just be a farce to begin with. The bush** administration had plenty of warnings about a possible attack, the means of attack, etc. And the tendency to blame it all on the intelligence services has given them a bye up until now.

It's time for the incompetence and lies to be revealed. It's time that the real 'government' in this country, the American people, heard the truth in open hearings.

[Octafish]

2. Gee, G_j. Whatever Edmonds has to say must be mighty important...

...for the Bush Gang to pull all the "national security" strings it has in order to keep her case closed. One would think we were in communist Russia, if it weren't for all the NAZIs.

Court Closes Arguments in FBI Case

EXCERPT...

Jonathan Turley, a George Washington University law professor, said the "Bush Justice Department has taken a narrow privilege and used it with almost utter abandon."

Edmonds alleges she was retaliated against for telling FBI managers about shoddy wiretap translations and the possible passing of information from a wiretap to the target of an investigation.

The inspector general's report said Edmonds' allegations to her superiors about a co-worker "raised serious concerns that, if true, could potentially have extremely damaging consequences for the FBI."

The inspector general concluded that the FBI did not adequately investigate the allegations and that Edmonds was retaliated against for speaking out.

CONTINUED...

http://seattlepi.nwsource.com/national/apwashington_story.asp?category=1152&slug=FBI%20Contractor%20Lawsuit

[G_j]

4. you mean they aren't trying to protect us

from the bad people? <sarcasm>

[seemslikeadream]

3. Take a visit via the Net to the world of associations.

One more time, G_j


the reality is that it and other affiliated associations are the US government.

...

It is in and through such associations that US political, economic and military policy is made and the American public subsequently "educated" to support policies that are not, and could not, be debated in public because of their illegality, audacity, complexity and, arguably, necessity.

...

America Gives Birth to New EuroAsia

Now, before you yell, "Conspiracy," you might want to think Necessity and Stability, particularly in light of the opening to Central Asia, the Caucasus and the new Europe provided by 9-11. Pull up Net maps of Central Asia, the Caucasus, and Europe. Once you've done that, consider what political, economic and military activities (defined as US national interests) the United States has underway in those regions. It is no less than the development of a US-dominated New EuroAsia that includes the "Stans," Ukraine, Chechnya, Azerbaijan, Georgia, Belarus, Romania, Bulgaria, Czech, Croatia, and Poland. Crazy? Hardly, it is a brilliant gamble. There are many compelling reasons to create a New EuroAsia with the US with a controlling interest.

...

ACPC was founded in 1999 and is chaired by former National Security Advisor Zibigniew Brezinski, former Secretary of State Alexander M. Haig, Jr., and former Congressman Stephen J. Solarz. ACPC, according to its website, is composed of more than one hundred distinguished Americans representing both major political parties and nearly every walk of life.

And who are those 100 Americans? Well, to name a few, there's Geraldine Ferraro, former Democratic candidate for vice president; Frank Gaffney, CEO of the Center for Security Policy whose board members include Doug Feith, Gordon Sullivan, CEO of the Army Association of the USA, and Bob Livingston of the Livingston Group; Elliot Abrams and Mike Leeden. And who would have guessed that Richard Gere and PJ O'Rourke would be members of the ACPC?

And the story gets routine and boring as it moves on. The honorary chair of the American Georgia Business Council (AGBC) is James Baker III. Its members include ExxonMobil, Northrop Grumman and Ernst &Young. President of the AGBC is S. Enders Wimbush, a senior fellow at the Hudson Institute and former Science Applications International Corporation (SAIC) and Booz Allen Hamilton employee. A trustee of note on the Hudson Institute is Al Haig. The same connections, whether through individuals or organizations, can be found for Ukraine and Belarus, as well as Turkmenistan, Tajikistan and Uzbekistan.

Six Degrees of Zibigniew Brezinski
http://www.onlinejournal.com/Special_Reports/021805Stanton/021805stanton.html


There is so much information in this article


Whistlerblower Coming in Cold From The FBI

...

the article mentions a woman named Melek Can Dickerson, a Turkish woman married to a major in the U.S. Air Force. The woman told Edmonds that she couldn't believe America was monitoring people who were their chief "persons of interest" because Dickerson and her husband had done favors for them...shopping...

"Ms. Edmonds has told the Judiciary Committee that soon after, Ms. Dickerson tried to establish social ties with her, suggesting they meet in Alexandria and introduce their husbands to each other.

When Sibel invited the visitors in for tea, she said, Major Dickerson began asking Matthew Edmonds if the couple had many friends from Turkey here in the U.S. Mr. Edmonds said he didn't speak Turkish, so they didn't associate with many Turkish people. The Air Force officer then began talking up a Turkish organization in Washington that he described, according to the Edmondses, as "a great place to make connections and it could be very profitable."

Sibel was sickened. This organization was the very one she and Jan Dickerson were monitoring in a 9/11 investigation. Since Sibel had adhered to the rule that an F.B.I. employee does not discuss bureau matters with one's mate, her husband innocently continued the conversation. Ms. Dickerson and her husband offered to introduce the Edmondses to people connected to the Turkish embassy in Washington who belonged to this organization. ..."My husband keeps thinking he's talking about promoting business deals," Ms. Edmonds later said of the encounter. "He has no idea the man is talking about criminal activities with some semi-legitimate front."

These are classic "pitch activities" to get somebody to spy for you, according to a Judiciary Committee staffer who investigated Ms. Edmonds' claims. ...The targets of that F.B.I. investigation left the country abruptly in 2002. Later, Ms. Edmonds discovered that Ms. Dickerson had managed to get hold of translations meant for Ms. Edmonds, forge her signature, and render the communications useless."

more
http://www.gailsheehy.com/9_11/9_11_art1_21.html

[G_j]

5. Reporters Committee objects to closure

http://www.rcfp.org/news/releases/20050420-reportersc.html

PRESS RELEASE: The Reporters Committee for Freedom of the Press

FOR IMMEDIATE RELEASE -- Contact: Lucy Dalglish, [phone]

Reporters Committee objects to closure of D.C. Circuit whistleblower appeal
April 20, 2005
------

The Reporters Committee today expressed outrage at the decision by the U.S. Court of Appeals in Washington, D.C., to conduct a hearing in a whistleblower's appeal in complete secrecy.

FBI whistleblower Sibel Edmonds, fired for reporting espionage and inefficiencies within the agency's translation department to her superiors, filed a whistleblower retaliation lawsuit after she was fired, but the Justice Department argued that her case must be thrown out because everything about it implicated national security. A federal trial court agreed and dismissed the case. She has appealed, and her hearing is scheduled for 9:30am tomorrow, April 21, in Washington.

"It's inconceivable that the entire hearing would need to be closed when all of the briefs were publicly filed," according to Reporters Committee executive director Lucy Dalglish.

ACLU attorneys representing Edmonds learned today that tomorrow's hearing would be closed, and filed a petition asking the court to reconsider. The Washington Post led a quickly assembled coalition of media organizations, including the Reporters Committee, The New York Times, and The Associated Press, in supporting the openness request through a friend-of-the-court brief. The court did not act on the request today.