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President Barack Obama seems to look official secrecy in the United States in the same way the former presidents: it is a terrible injustice all the way until the very moment it is available to them to use. For example, after campaigning against the use of the Bush administration to block exemptions state secrets dispute over the Patriot Act, relied on them for something as relatively benign as copyright treaties. When it comes to state secrets, there are two related, but slightly different in the game. First, the government tends to be a little paranoid when it comes to the classification of information in general. Second, but related, is the fact that state secrets are often used in the country under the idea that American citizens should be protected against the information to come in the court proceedings. What you end up with two of these questions is a government that keeps the relevant information hidden in his own electorate, often this information is overqualified. The results of this intersection can often seem ridiculously paranoid.

Such is the case of an action brought against the government by a citizen of Malaysia, Rahinah Ibrahim, who had been a student at Stanford when denied the airline trial and held in San Francisco in 2005, the apparent result of being on the no-fly list. U.S. District Judge William Alsup has clearly deviated from their peers in the case challenging the government's claim of state secrets exemptions for evidence in the case.

In an order issued earlier this month and made public on Friday, Alsup instructed government lawyers to "justify" why at least nine documents read by the ranking should not be given to the lawyer Ibrahim. Alsup said he had reviewed the documents and concluded that parts of some of them and all the others could be presented to lawyers Ibrahim without involving national security.

"After a careful review of classified documents by the Court, this order finds that certain documents could be produced with little or no modification of the same," Alsup wrote in a decree of April 2 (posted here). "This order also determines whether the correspondence between the parties, both internal training materials are eligible for the production of the lawyer of the complainant without involving national security."



Most of the reasoning Alsup seems so banal as it does alone. Many of the documents requested by lawyers Ibrahim are obsolete at the forefront of his being revealed should not be a threat to national security. This is important because judges generally avoided because the White House on classification for reasons of national security. Alsup has his reasons for opposition, saying that the documents are relevant to the case, the demand for constitutional reasons is correct, and that the information contained in the documents can not get elsewhere. In other words, a minimum exposure of documents is outweighed by the rights of Ibrahim as plaintive in the pursuit of justice.
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