Is it fascism yet?

What do you think?

In the hands of the Bush administration, the baseline for state secrets is no longer scrubbing a case of sensitive evidence, but wiping the case away completely. Historically, most state secrets claims were about stopping the disclosure of specific evidence, and the cases proceeded with those limits in place. Particularly sensitive cases could even be conducted entirely under seal. Kroger points to the trial that followed the 1993 World Trade Center bombing. All the defense attorneys in the case had to get classified security clearance, and all the evidence was reviewed inside a secure facility.

"To prevent a case from going forward at all by claiming that the entire case itself would jeopardize national security," Kroger says, "is a really drastic remedy."

How about this?

The New York Times and Los Angeles Times on Friday published major story on government surveillance of private banking records over the objections of the Bush administration.

The Bush administration has made no secret of its campaign to disrupt terrorist financing, and President Bush, Treasury officials and others have spoken publicly about those efforts. Administration officials, however, asked The New York Times not to publish this article, saying that disclosure of the Swift program could jeopardize its effectiveness. They also enlisted several current and former officials, both Democrat and Republican, to vouch for its value.

Bill Keller, the newspaper's executive editor, said: "We have listened closely to the administration's arguments for withholding this information, and given them the most serious and respectful consideration. We remain convinced that the administration's extraordinary access to this vast repository of international financial data, however carefully targeted use of it may be, is a matter of public interest."

Salon again:

"It would be hard to overstate the significance of this proceeding," Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, said in an e-mail. "It is not just a dispute over surveillance. It is a test of our whole system of government. They are not only arguing that the courts cannot adjudicate the matter, but that Congress is powerless to limit the government's activities. If the administration prevails, then we will be well on our way to a different form of government in which executive authority is effectively unchecked."