“No 1st Amendment Right to ‘Classified’ Documents..” By Rhett E. Column; #SayWhatNews, #AXJ, #FreePress

“We don’t think there is a First Amendment right to classified documents..” – U.S. Attorney Catherine Dorsey, Department of Justice

WASHINGTON, D.C.  – When I read that quote via The Intercept the other day I could hardly believe my eyes, much less my head as it was taking it all in.

A duly appointed United States Attorney ,arguing on behalf of the Federal Government in the forced feeding cases at Git-Mo Bay, Cuba, Catherine Dorsey, arguing before the D.C. Court of Appeals, said this before the panel, God and everyone else – and with a straight face no less – in regards to the Public’s right to know.

This to me is unacceptable.

It is unacceptable because number one this is the United States of America. Not some third-rate banana republic. Second. Because this is the United States of America were we have laws which constrain government from saying these kinds of things to US. Third. Representative or appointed governance needs to be reminded, apparently daily, that they are servants of the public’s trust. What does that mean?

In a nut shell: Those who vote, or who participate in the electoral process here, by their vote intrust elected representatives to go to Washington, D.C. and govern according to the laws of our land when it comes to transparency, openness, honesty and effective government. Failure is not an option because the law doesn’t allow for wiggle room, interpretation, etc. It’s open and shut in that regard.

So in other words whether I’m a citizen or a journalist and I come to you, as my elected or appointed representative seeking information in regards to a matter or matters of the public’s trust in operation said is duty bound to respond to the request, and nothing like what came out of Attorney Dorsey’s mouth at that Court of Appeals hearing should EVER be heard much less accepted by the People. Period. Full stop.

Yet and still because a certain collective of journalists are seeking vitally important information about the treatment, welfare, and condition of Git-Mo Bay detainees the Federal Government says you have no right or privilege to said information Mr. or Mrs. Journalist. Shut up and go away. Unacceptable! (And quite frankly, unbelievable.)

Whether you agree or disagree with the continued detainment and operation of Guantanamo Bay, Cuba as a holding place for ‘the world’s worst’. You have to agree that the People, under the 1st Amendment, have a right to know what’s going on down there. How ‘the world’s worst’ – despite it all – is being handled and treated. Fairly or unfairly.

As you know Git-Mo detainees have been on a hunger strike since the middle of 2005 because of ill-treatment and lack of due process under international law and basic human rights. Despite being regarded as the ‘world’s worst’ they are still entitled to be treated fairly, equally and given their day in court – be a Military Tribunal or the International Criminal Court at the Hague in the Netherlands.

icc at the hague logo 2015
International Criminal Court at the Hague Logo (photo courtesy of Wikipedia, 2015) …

And unless and until they get their day in court, they should be able to go on a hunger strike for as long as they like. The Muslim faith, as does any other faith, calls for prayer and fasting. They are or would be, essentially, carrying out the dictates of their beliefs, and at the same time peacefully protesting, as they see fit. (Peacefully assembling, just as the 1st Amendment to the U.S. Constitution calls for.)

Force feeding is both inhuman, and is widely regarded as cruel and unusual punishment because it is inflicting either pain or humiliation on someone who otherwise doesn’t want to be so treated. 

As Americans: Is this what we’re all about? Pain and humiliation?

Then, per our very own 1st Amendment we have every right to be called out and call ourselves, more importantly, out on the carpet for that pain and humiliation.

prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. – First Amendment to the U.S. Constitution

You say well, “These are killers. Animals. Inhumane. They give us no quarter. They humiliate and behead us. So why should we care if our guys and gals in uniform are forcing them to eat? If that’s all you can complain about, really, Rhett, your argument is pointless, weak even.” Ever heard of being the bigger person?

the isil beheading of james wright foley
Independent American Journalist James Wright Foley about to be beheaded by a member of I.S.I.L., c. 2014 (picture courtesy of U.P.I., 2014) …

We all remember the beheading of Independent American Journalist James Foley. – Around 2014. How he was treated, handled, humiliated by I.S.I.S., I.S.I.L. Etc.

So if some solider, sailor, airman or marine wants to shove some oatmeal down some ‘murder in’ Muse lam’s throat so he can live long enough to die’ why should we care? If only.

Folks this is far bigger, far more at stake here than just some oatmeal being shoved down another human being’s throat who doesn’t want it.

This is about who we are as a nation, as a people, and whether or not we can be the bigger and better person. To lead by example. To discuss, openly, our foibles, follies, and faults. We are not perfect. And we never ever will be. But maybe, just maybe we can get a little closer to being better, and being better about our Wars. Politics. Governance. And more.

zubaydah truthout magazine photo
Mr. Abu Zubaydah, indefinite detention (‘prolonged detention’) candidate from 2003 to 2008 …

To admit, for once, that our government does wrong. Daily. And such a discussion, such a moment should come under this President, President Barack Obama, who should be willing to go the extra mile and have that open discussion, that honest debate.

“Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.” – U.S. Supreme Court Justice Louis D. Brandeis

Until then, “Good night and good luck” fellow Citizens of Earth…

–Rhett.