Misblog

Senator Jon Kyl (R-AZ) seeks to silence critics of Bush's illegal policies by proposing an amendment that could jail, for 20 years, those publishing Bush's secret illegal activity concerning terrorists¹.

For example those who courageously leaked and published information about Bush's illegal:

• extrajudicial domestic wiretapping of Americans; and
• extrajudicial rendition program; and
• torturing of extrajudicially rendered individuals; and
• illegal maintenance of secret CIA torture centers (aka black sites); and
• extrajudicial data-mining of Americans' personal data; and
• the next secret illegal activity in the "war on terror"

could be jailed for 20 years²!

No imagination is needed to see how a Kyl type amendment leads to immunity for a bad president turned third rate thug.

Unfortunately, this is not the first time the surrogate senator from Arizona has attempted to implement his version of Newspeak for the Ministry of Truth.

Links to Misblog's:

• A Baleful Trend Toward Official Secrecy Update-6
• A Baleful Trend Toward Official Secrecy Update-5
• A Baleful Trend Toward Official Secrecy Update-4
• A Baleful Trend Toward Official Secrecy Update-3
• A Baleful Trend Toward Official Secrecy Update-2
• A Baleful Trend Toward Official Secrecy Update-1
• A Baleful Trend Toward Official Secrecy

Blogosphere: Senate Proposal to Criminalize Leaks Sparks Opposition

Web: Sunshine in Government Initiative, Kyl Amendment represents new Official Secrets Act (100k pdf), News Release.

-----notes-----

1. The Kyl amendment, would amend the Espionage Act, 18 U.S.C. 798(a) to add a new and very broad category of information concerning efforts by the United States to identify, investigate, or prevent terrorist activity! In short just about everything the Bush administration has done for the last six years or will do for the next two, in the unfortunate event he is not impeached.

On 03/02/07, Senator Jon Kyl submitted amendment 3xx to amendment 275 amending senate bill S. 4. Amendment 3xx supersedes his previous amendment to senate bill S. 236 which has been withdrawn.

Kyl's new amendment more narrowly focuses on classified information contained in reports submitted under Improving America's Security Act 2007 (Senate Bill S. 4), the massive and controversial USA Patriot Improvement and Reauthorization Act of 2005, Intelligence Reform and Terrorism Prevention Act 2004.

While the new Kyl Amendment is a dramatic improvement over his previous amendment it still contains nefarious and undemocratic attributes shielding Bush like secret illegal and criminal conduct from public discussion, scrutiny and accountability.

There is no public benefit and massive harm in legislation that punishes a leaker of secret illegal and criminal conduct and impedes or inhibits public discussion on important topics of great national interest.

2. District Court (Eastern District of Virginia) Judge Thomas Selby Ellis III has recently interpreted the Espionage Act, 18 U.S.C. 798 to reach not only publishers but republishers!

While it is unlikely that Judge Ellis' interpretation of the Espionage Act will be upheld or the Kyl amendment enacted they are warnings to all of us who cherish our first amendment, open government and democratic process.

It is also a gigantic flashing yellow light to those who believe that senators and judges will place our first amendment, open government and democratic processes above passionate partisan politics!

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