I really hope judges begin to show some spine on State Secrets. By now, the assumption should be the government is invoking State Secrets for some stupid reason.

Like an embarrassing nosebleed.

This all seems to be about the CIA’s efforts to prevent you from knowing that it gave Iran nuclear blueprints in 2000.

Amid all the holiday hustle, bustle and, on at least some of the lame duck session accomplishments, success of Barack Obama, it is good to keep in mind what a lump of coal his administration has been on civil liberties and privacy. Nothing has been more emblematic of the cancer they have been in this regard than the posture they have relentlessly fought for on unfettered and unilateral ability of the Executive Branch to impose the state secrets doctrine to shield the government from litigation, even when it is concealing blatant and wholesale government criminality.

Judge Vaugn Walker has issued an extremely significant decision in the illegal wiretapping case of al-Haramain v. Bush/Obama. He has awarded damages and attorney fees to the plaintiffs on their claims of illegal and unconstitutional surveillance by the US government.

That, as much as the skeptical comments from true experts like Philip Mudd and Charles Allen included in the story, really lays the stark inefficiency of this entire network: Less then .1% of the Suspicious Activity Reports have resulted in any real investigation, and just 5% of those investigations–a teeny fraction of the total–have resulted in any arrest.

So I hope no one actually believes this effort is an effective means to root out terrorism, however that gets defined.

The ACLU, who represents the plaintiffs in Mohamed v. Jeppesen, has appealed from the 9th Circuit en banc decision by petitioning the Supreme Court for certiorari.

When the votes were tallied on the night of November 2, 2008, I was at a bar in Moab, Utah – the one rabid Democratic stronghold in a rabidly Republican state – to enjoy the hysteria as Barack Obama was summoned to lead the country out of the disaster of eight years of George W. Bush. People shook hands, hooted, clinked glasses, got drunk, raised fists, wept. The good liberals had elected a visionary Democrat to the presidency, who, blessed with a Democratic majority in Congress, would fashion “hope” and “change” into a palpable policy. I was told that in parts of Brooklyn, my hometown, voters ran through the streets banging pots and pans. The feeling was of religious jubilee – the new dispensation was upon us, and 2009 would mark the emancipation from the old rottenness. Corruption and fraud and deceit and war and oligarchy would be washed from the body politic. It was the beginning of the restoration of the republic.

I think it was the timing of the end of the torture investigation that hurts most of all. Just days ago, Harold Koh was boasting of the Durham investigation to the UN. Then Bush started his dog and pony show, including his proud admission to have ordered up torture. All of which made today’s announcement, that no one will be charged for covering up evidence of torture, almost anti-climactic.

Of course no one will be charged for destroying the evidence of torture! Our country has spun so far beyond holding the criminals who run our country accountable that even the notion of accountability for torture was becoming quaint and musty while we waited and screamed for some kind of acknowledgment that Durham had let the statute of limitations on the torture tape destruction expire. I doubt they would have even marked the moment–yet another criminal investigation of the Bush Administration ending in nothing–it if weren’t for the big stink bmaz has been making. Well, maybe that’s not right–after all, Bob Bennett was bound to do a very public victory lap, because that’s what he’s paid for.

I’ve been asking people what Obama could do now, without needing the approval of Congress, to address many of the serious problems facing the country. Here’s Glenn Greenwald’s take.

Of course the Intelligence Authorization bill would have a signing statement, because that’s just how these carefully crafted bills are treated by Presidents guarding their Executive Power.

DDay pointed me to the signing statement that Obama issued in conjunction with the new Intelligence Authorization. There are three key points, IMO.