Tuesday, February 10, 2009


“Thoroughly vetted with the appropriate officials "

Justice lawyer, Douglas N. Letter, made the state-secrets argument on February 9, startling several judges on the United States Court of Appeals for the Ninth Circuit hearing the Jeppesen Dataplan, Inc. case.

“Is there anything material that has happened” that might have caused the Justice Department to shift its views, asked Judge Mary M. Schroeder, an appointee of President Jimmy Carter, coyly referring to the recent election.
“No, your honor,” Mr. Letter replied.
Judge Schroeder asked, “The change in administration has no bearing?”
Once more, he said, “No, Your Honor.” The position he was taking in court on behalf of the government had been “thoroughly vetted with the appropriate officials within the new administration,” and “these are the authorized positions,” he said.

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