NEWS MEDIA UPDATE · WASHINGTON, D.C. · Freedom of Information · May 9, 2005
State secrets privilege upheld in whistleblower case
http://www.rcfp.org/news/2005/0509-foi-states.html
Former government translator Sibel Edmonds cannot proceed with her
whistleblower retaliation lawsuit because prosecuting it would reveal state
secrets, a federal appellate court ruled last week.

Sibel Edmonds speaks at a press conference immediately after an appeals
court conducted part of her appellate hearing in secret last month.
May 9, 2005 · The need to protect state secrets justifies the refusal to
hear a lawsuit brought by former government translator Sibel Edmonds who
claims that she was dismissed in retaliation for criticizing her employer,
the U.S. Court of Appeals in Washington, D.C., ruled Friday.
Edmonds filed the lawsuit after the FBI fired her in March 2002. She said
the agency dismissed her for revealing sloppy work by fellow translators and
lapses in security measures in its hiring. The Justice Department's
inspector general later affirmed the substance of her complaints about the
agency's work and that the FBI had retaliated against her.
Despite the apparent weight of evidence in her favor, U.S. District Judge
Reggie B. Walton dismissed Edmonds' case in July 2003 after the government
invoked the so-called state secrets privilege. The case's continued
prosecution would jeopardize national security, the government argued.
Walton considered some of the information at issue privately in his
chambers, but refused to offer much explanation. "This Court is unable
publicly to explain its conclusion in any more detail. It is one of the
unfortunate features of this area of the law that open discussion of how the
general principles apply to particular facts is impossible."
In affirming Walton's dismissal of the suit, the U.S. Court of Appeals in
Washington, D.C., issued a one-page order that also did not explain its
ruling.
Edmonds's appeal has been marked by secrecy. Last month, the court closed
oral arguments in the case to the public. A coalition of media
organizations, including The Reporters Committee for Freedom of the Press,
filed a motion asking that the hearing be opened, but that petition was also
denied with no explanation.
Edmonds said in an American Civil Liberties Union press release that "first
the government claims that everything about me is a state secret, then the
court hearing is closed to the public, and now the court issues a decision
without any public explanation. The government is going to great lengths to
cover up its mistakes. If the courts aren't going to protect us, then
Congress must act."
During a rally last week, more than 40 whistleblowers urged Congress to beef
up whistleblowing protections and Rep. Edward J. Markey (D-Mass.) said that
he would introduce such legislation.
(Edmonds v. FBI; Whistleblower Counsel: Ann Beeson, ACLU; Washington, D.C.)
-- RL
Related stories:
* Court closes oral arguments in FBI whistleblower case (04/21/2005)
http://www.rcfp.org/news/2005/0421-sct-courtc.html
* Overuse and misuse of information classification capture congressional
attention (03/04/2005)
http://www.rcfp.org/news/2005/0304-foi-overus.html
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Scoop.co.nz (press release), New Zealand - Apr 25, 2005
Washington -- April 25, 2005 -- TomFlocco.com -- Former FBI contract
translator and whistleblower Sibel Edmonds and her attorneys were ordered
removed from the ...
http://www.scoop.co.nz/stories/HL0504/S00251.htm