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U.S. may invoke ‘state secrets’ to squelch suit against Swift

Posted on September 3rd, 2007 at 8:48 by John Sinteur in category: News -- Write a comment

[Quote:]

WASHINGTON: The Bush administration is signaling that it plans to turn once again to a favorite legal tool known as the “state secrets” privilege to try to shut down a lawsuit brought against a Belgium banking cooperative that secretly supplied millions of private financial records to the U.S. government, court documents show.

The lawsuit against the banking consortium, which is known as Swift, threatens to disrupt the operations of a vital national security program and to reveal “highly classified information” if it is allowed to continue, the Justice Department said in several recent court filings asserting its strong interest in seeing the lawsuit dismissed. A hearing on the future of the lawsuit was scheduled for Friday in federal court in Alexandria, Virginia.

The “state secrets” privilege, allowing the government to shut down public litigation on national security grounds, was once a rarely used tool. But the Bush administration has turned to it dozens of times in terrorism-related cases in seeking to end public discussion of everything from an FBI whistle-blower’s claims to the abduction of a German terrorism suspect.

Workaround: sue in all other countries where Swift operates. Which is, basically, every single country in existence.

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