Constitutional Law

Use of State-Secrets Privilege In Trying Groups With Alleged Ties To Terrorism

The U.S. Department of Treasury’s investigation of an Oregon branch of a Saudi charity for alleged connections to Al Qaeda has revealed some of the administration’s aggressive tactics in bringing criminal or civil cases against the organizations. In an extensive article in The New Yorker, Patrick Radden Keefe details the administration’s use of the state-secrets privilege and an evidentiary procedure used against charities alleged to have supported terrorist groups.

The article notes that shortly after the Sept. 11, 2001 terrorist attacks, President George W. Bush signed an executive order authorizing the Treasury Department to “designate” persons or entities believed to be supporting terrorist activities in an effort to shut them down. Under the order, the Treasury Department may use classified evidence never disclosed to the designated party and other evidence that would not be admissible in a criminal trial. ACS recently hosted a panel discussion of the state secrets privilege. 

Full post as published by ACS Blog on May 03, 2008 (boomark / email).