Feingold: Government in Secret

Sen. Russ Feingold (D-WI) wrote an opinion piece about the secret laws the Bush Administration has passed and are following.

The Bush administration recently announced it will allow select members of Congress to read Justice Department legal opinions about the CIA's controversial detainee interrogation program that have been hidden from Congress until now. But as the administration allows a glimpse of this secret law -- and it is law -- we are left wondering what other laws it is still keeping under lock and key.

It's a given in our democracy that laws should be a matter of public record. But the law in this country includes not just statutes and regulations, which the public can readily access. It also includes binding legal interpretations made by courts and the executive branch. These interpretations are increasingly being withheld from the public and Congress.

Perhaps the most notorious example is the recently released 2003 Justice Department memorandum on torture written by John Yoo. The memorandum was, for a nine-month period in 2003, the law that the administration followed when it came to matters of torture. And that law was essentially a declaration that the administration could ignore the laws passed by Congress.

Sam Seder interviewed Sen. Feingold this week on Air America about this topic.