And this is different than the fundamental nature of dictatorship, how?
ATTORNEYS FOR the Justice Department appeared before a federal judge in Washington this month and asked him to dismiss a lawsuit over the detention of a U.S. citizen, basing their request not merely on secret evidence but also on secret legal arguments. The government contends that the legal theory by which it would defend its behavior should be immune from debate in court. This position is alien to the history and premise of Anglo-American jurisprudence, which assumes that opposing lawyers will challenge one another's arguments.
[T]he U.S. government has acted to frustrate all reasonable searches for answers. It has moved to stay discovery based on secret evidence. It has proposed adding to the facts at Judge Bates's disposal by submitting secret evidence that Mr. Abu Ali's attorneys would have no opportunity to challenge. Most recently, it urged that the case be dismissed on the basis, yet again, of secret evidence -- this time supplemented with what a Justice Department lawyer termed "legal argument [that] itself cannot be made public without disclosing the classified information that underlies it."
Judge Bates is cautious and generally deferential to government concerns. Yet he was evidently disturbed by this argument, at one point asking whether the government could identify "any case in which . . . even the legal theory for dismissal is not known to the other side?" The government could not.
The Bush Administration, undermining not just the Constitution, but the underpinings of the legal tradition after a thousand years.