Posted originally on the conservative tree house on September 21, 2022 | sundance
The 11th Circuit Court of Appeals has ruled in favor of the U.S. Dept of Justice, National Security Division, and blocked the lower court order instructing the Special Master to review the DOJ claimed, “classified documents.” [pdf Ruling Here]
Essentially the order of the appellate court is based on the DOJ calling the material “classified” and “vital to national security”, and the court’s determination they have no authority to question the decision of the executive branch when it comes to matters of national security.
The court (judicial branch) openly states they defer to the DOJ (executive branch) as to any/all claims of harm to national security that may be caused by a review of documents the DOJ-NSD determine, on their own authority, to be identified as classified (sensitive, secret or top-secret). Therefore, if the DOJ states sharing the “classified documents” with a special master may harm national security, they court must accept that position without challenge.
The 11th Circuit Court of Appeals is doing what the Foreign Intelligence Surveillance Court (FISC) does with the DOJ-NSD and any matters defined by the originating Main Justice officials as “national security.” The 11th Circuit is deferring to the DOJ.
The DOJ is granted legal benefit of the doubt on all matters of national security, which puts the DOJ-NSD in ultimate control over the star chamber they operate.
In the post 9-11 surveillance state, this approach by the DOJ-NSD is a pillar holding the Fourth Branch of Government in place, as we have outlined. The other pillars are (2) the Dept of Homeland Security, (3) the Office of the Director of National Intelligence, and (4) the secret FISA Court system.
All four pillars maintain an omnipotent fourth branch of government that operates entirely without oversight. As you can see in the 11th Circuit Court ruling, there is no check or balance in the post 9-11 national security state.
The only way to deconstruct this post-constitutional construct is to deconstruct the four pillars.
Eliminate the Dept of Homeland Security.
Eliminate the Office of the Director of National Intelligence
Eliminate the DOJ National Security Division
Eliminate the FISA Court.
Take down the pillars that hold up the fourth branch of government and the Omnipotent surveillance state is removed.
PS. People made fun of my prior suggestion for how President Trump should have declassified those documents. Perhaps now the ‘smart set’ people see why my method, while unorthodox, was the best way.