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The Secret Privilege by Which the Military Intelligence Complex Retains Control

State Secrets Privilege

is the cunning way the Military Intelligence Complex (MIC) shields its secrets from the judicial branch and achieves undeserved legal immunity. Eisenhower famously referred to the Military Industrial Complex in his outgoing speech, but these days, the dark heart of the Deep State or Shadow Government would better be called the Military Intelligence Complex. The Matrix or entrenched system that surrounds us cannot change with the election of Trump or a new leader, unless many determined steps are taken to dismantle the sprawling MIC monster. The MIC has unprecedented and highly consolidated power in its hands that comes from monitoring, surveilling and spying upon almost every person in the world. Even when it is challenged, the executive branch of the US Government (to protect the MIC) invokes state secrets privilege to prevent legal cases being heard in court.

What is the State Secrets Privilege?

First of all to definitions – what exactly is state secrets privilege? The Center for Constitutional Rights defines it as follows:

“The state secrets privilege (SSP) is a common law privilege that allows the head of an executive department to refuse to produce evidence in a court case on the grounds that the evidence is secret information that would harm national security or foreign relation interests if disclosed.”

Like common law itself as used in the US, Australia, Canada and other culturally similar nations, the state secrets privilege actually originates in England. The law allowed the monarch (similar to the US executive branch) the privilege of refusing to share information with Parliament (similar to the US legislative branch) or the courts (the judicial branch). Slowly but surely, the US executive branch, especially during the administration of George W. Bush (Boy Bush), has asserted this privilege more and more to cover up information it doesn’t want exposed. I say the executive branch but what is really driving this is the MIC. With state secrets privilege, the intelligence community can prevent any investigation into sensitive issues, halt disclosure of pertinent information in an investigation and stop any lawsuits it wants to quash.

Setting a Precedent: United States vs Reynolds

Trevor Paglen is an author and researcher who studies the black sites and black ops of the MIC. His book Blank Spots on the Map –The Dark Geography of the Pentagon’s Secret World exposes a lot of the geographical black locations and operations of the US military – and the concomitant legal opinions and rulings which go hand in hand with it. Each black site has a certain geography and legality to it, and sometimes, in order to get what it wants, the US Government has to go black and off the map to achieve its secret goals. Paglen writes:

“There’s nothing natural about how state secrecy carved a black spot into the law, creating legal no-man’s-lands wherever governmental attorneys cried secret. In a field near the Okefenokee Swamp on October 6, 1947, a B-29 crashed and created a collection of facts on the ground. In the name of protecting a secret project aboard the crashed plane, the White House would appeal a lawsuit brought by the families of the deceased men, United States v. Reynolds, up to the Supreme Court. The executive branch would find a favorable decision, and the state secrets privilege would become a juridicial precedent.”

When the B-29 crashed, the USAF was in the final stages of conducting Project Banshee, an operation to, among other things, convert bombers into unmanned drones. Several people were killed in the crash but it didn’t want the info about the project to get out. The dead men’s widows hired lawyers to take the government to court in 1953. The USAF invoked the state secrets privilege. The judge said okay, then give me the document so I can personally review it. No, said the Air Force. The government lawyer Thomas Curtin said, “We contend that the findings of the head of the department are binding, and the judiciary cannot waive it.” Translation: judge, let it go. We’re not going to give you the documents because we decided not to.

 

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