The administration is considering invoking the state-secrets doctrine to block the ACLU/CCR lawsuit challenging its authority to kill al-Qaeda affiliated extremist cleric Anwar al-Awlaki:
Instead, they are seeking to have the lawsuit dismissed without discussing its merits. For example, officials say, the brief is virtually certain to argue that Mr. Awlaki's father has no legal standing to file a lawsuit on behalf of his son.
To strengthen the case, they are considering at least two other potential arguments, each with a downside.
The first would involve asking the judge to dismiss the case because it could reveal classified information. Under the “state secrets doctrine,” the government can seek to withhold evidence or block lawsuits related to national security.
This is why I said I thought ultimately pushback would have to come from Congress. The courts at this point are too deferential to the executive branch -- last week's ruling wasn't just about one extraordinary rendition case; it's empowered the administration to continue using the doctrine to block judicial review of its activities in matters of national security. Secrecy is everything. It's not just about keeping information under wraps: If the government does something illegal and a judge would rather stick their fingers in their ears and yell at the top of their lungs then it's "not illegal."
