(culled from ip list)

http://www.cnn.com/2004/LAW/09/06/airline.id.ap/index.html

Government wants ID arguments secret

SAN FRANCISCO, California (AP) -- The U.S. Department of
Justice has asked an appellate court to keep its arguments
secret for a case in which privacy advocate John Gilmore
is challenging federal requirements to show identification
before boarding an airplane.

[...]

"We're dealing with the government's review of a secret
law that now they want a secret judicial review for,"
one of Gilmore's attorneys, James Harrison, said in a
phone interview Sunday. "This administration's use of
a secret law is more dangerous to the security of the
nation than any external threat."

[...]

"How are people supposed to follow laws if they
don't know what they are?" Harrison said.

The government contends its court arguments should
be sealed from public view and heard before a judge
outside the presence of Gilmore and his attorneys.
The government, however, said it would plan to file
another redacted public version of its arguments.


....and an update from last night....

Lawyers for John Gilmore filed their opposition to a Department of Justice
attempt to file a secret brief in a case that involves secret law.

The case, Gilmore vs. Ashcroft, is now before the 9th Circuit Court of
Appeals. DOJ filed a motion last Friday asking the Court's permission to
file their arguments in secret, allowing only the judges to read their full
brief.

DOJ is trying to distract the Court and the public from the real issue in
the case, which is whether or not American citizens can travel in their own
country without official government paperwork.

Their method of distraction: secret law.

In a sharply-worded objection to the government's motion, Gilmore's lawyers
stated that the government's "extreme cry for secrecy, preventing even
plaintiff�s counsel from being privy to their legal arguments because
plaintiff�s counsel does not meet defendants� self defined 'covered persons
who have a need to know' criteria, is disturbing and illustrates the dangers
of secret law."

The DOJ motion and Mr. Gilmore's opposition can be downloaded at:

http://www.papersplease.org/gilmore/legal.html


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