However, after reviewing in camera sealed information from the government, McKeown said on behalf of the three-judge panel, "We acknowledge the need to defer to the Executive on matters of foreign and national security and surely cannot legitimately find ourselves second-guessing the Executive in this arena."
Good advice for the idiots in Congress to learn from.
From Stop the ACLU:
Wonders never cease, a sliver of sanity actually coming from the infamously liberal leaning 9th Circuit Court in favor of the Bush administration!
Patterico's Pontifications brings us the money quote:
“Having reviewed it in camera, we conclude that the Sealed Document is protected by the state secrets privilege, along with the information as to whether the government surveilled Al-Haramain. We take very seriously our obligation to review the documents with a very careful, indeed a skeptical, and not to accept at face value the government’s claim or justification of privilege. Simply saying “military secret,” “national security” or “terrorist threat” or invoking an ethereal fear that disclosure will threaten our nation is insufficient to support the privilege. Sufficient detail must be—and has been—provided for us to make a meaningful examination. The process of in camera review ineluctably places the court in a role that runs contrary to our fundamental principle of a transparent judicial system. It also places on the court a special burden to assure itself that an appropriate balance is struck between protecting national security matters and preserving an open court system. That said, we acknowledge the need to defer to the Executive on matters of foreign policy and national security and surely cannot legitimately find ourselves second guessing the Executive in this arena.
The Jawa Report shows in their unique manner exactly how this judgment is being received by the left side of the blogosphere:
The Left to go apeshit in 3....2.....1....blastoff!
Put The Jawa Report on your favorites, I don't go a day without getting a great laugh from how they report and phrase things... awesome site.
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