Confronting the state secrets privilege
The state secrets privilege has been used by the executive branch to block discovery in civil litigation when the government believes that there is an unacceptable risk of disclosure of sensitive national security secrets. But on several occasions, the mere assertion of the privilege has led to termination of the lawsuit. It has effectively short-circuited the adjudication of claims against the government involving domestic surveillance, unlawful detention, and torture.
"I do believe thoughtful legislation is needed to insure that maximum and uniform efforts are made to strike the right balance between national security needs and fair judicial proceedings," said the Hon. Patricia M. Wald, the retired chief judge of the DC Circuit Court of Appeals in testimony today.
Legislative intervention was also endorsed by H. Thomas Wells, Jr., the president-elect of the American Bar Association, and by Kevin Bankston of the Electronic Frontier Foundation, whose lawsuit on warrantless domestic surveillance has prompted state secrets claims by the government.
Patrick Philbin, a former deputy attorney general, argued that any legislative proposal to permit judges to overrule the executive branch regarding the sensitivity of particular information"would be a mistake."
comments powered by Disqus
- Richard III Really Ate and Drank Like a King
- Where’s the one place in the world where nobody’s messed with WW II relics?
- Secrets of the Clinton Library
- Beloit College is out with its annual list of what freshman know ... Tiny Tim? Carl Sagan? Forget about it.
- India Bans Indira Gandhi Assassination Film
- A prominent historian of science dies and no one takes notice
- A pro-Hamas Left emerges among historians, complains Jeffrey Herf
- Classicist Mary Beard celebrated by the New Yorker as “The Troll Slayer”
- Ilan Pappé praised in Iran as a "prominent anti-Zionist Israeli historian and intellectual"
- It's hard to be an optimist today, but Juan Cole is