Jon Eisenberg details the the Kafkaesque journey through the courts he’s had to take as a member of the Al-Haramain case legal team.
Not Even Allowed to Keep Copies of his own Legal Briefs
Between the filing of secret briefs he couldn’t even keep a copy of and Department of Justice technicians’ amateur attempts to destroy his laptop computer, it’s a miracle they made it this far.
Byzantine Path to Defending our Constitution
The Salon article is a great read and demonstrates the byzantine path to defending our Constitution that good people are required to take today. As Mr Eisenberg notes in the article, it’s not unlike Kafka’s “The Trial“.
The reality is that the Al-Haramain case doesn’t threaten national security; it threatens only the “unitary executive” theory and the notion that presidents can disregard an act of Congress at their pleasure. Yet we have had to litigate the Al-Haramain case in the shadow of secrecy, where the government wants the case to die quietly — without a court ruling on whether the president of the United States has broken the law.#