Alice in Wonderland, courtesy of the US Government’s penchant for secrecy in a democratic society.
Remember that State Department employees were not (and for all I know, still are not) to read Wikileaks State Department cables when you and I and those named in them, could do so.
Remember that unclassified government documents, posted on bulletin boards, may be classified after the fact, cf. the Thomas Drake charges (not the misdemeanor of “misusing a government computer” to which he pled guilty to get them off his back and go get a job working in an Apple store, losing all his government pension, etc.)
Well, now, it’s that the publication by a Federal Appeals Court of information that had been officially withheld but unofficially leaked and commented upon generally, is still classified.
Didn’t you think that the Courts were a part of the government of the United States? I sure did until my doubts were raised by this contention.
“But it’s the last sentence of the footnote that is truly remarkable — unreal, one might even say. Sure, the government says, the Second Circuit published the July 2010 memo, and sure, it published the memo after having concluded that the government had officially acknowledged the memo’s contents, and after the government declined to file a petition for certiorari to the Supreme Court. But so what?, the government says. We don’t consider the Second Circuit’s publication of the memo to have been an official disclosure. As far as we’re concerned, the government says, the memo is still secret.”