The federal government has inserted itself into a private defamation lawsuit invoking the state secrets privilege without explanation. The suit pitted a Greek businessman, Victor Restis, against United Against Nuclear Iran who allegedly falsely accused Restis of making illegal business transactions with Iran. Restis’ lawyers called for public disclosure so that the basis for the claim of state secrets privilege could be examined in court. (Secrecy News, October 30, 2014, by Steven Aftergood)
The ACLU argued that the states secrets privilege should only be applied in narrow circumstances of imminent threat to national security. But recently the privilege has been used to block disclosure of information in sensitive matters and avoid accountability, effectively blocking information about torture, silencing whistleblowers and covering up negligence. They question the government’s intrusion into this case since neither party in the lawsuit should have access to national secrets. (American Civil Liberties Union, October 31, 2014, by Dror Ladin)
Restis’ lawyers claim that the anti-Iran group comprised of former Bush and Obama officials, academics, statesmen and former intelligence officials systematically made false charges then used the federal government to shield itself. The lawyers cited an October 7 Jerusalem Post article reporting that Restis had engaged in more illegal shipping to Iran, a report that the Post later acknowledged as false. (The Nation, November 4, 2014, by Ali Gharib and Eli Elifton)