Politics

Judiciary Hearing on Reform of the State Secrets Privilege

By Jesse Lee

The Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties is currently holding a hearing, “Reform of the State Secrets Privilege.”

Watch the hearing live >>

Greater Use of Privilege Spurs Concern
Josh White, Washington Post - January 29, 2008

The U.S. government has been increasing its use of the state secrets privilege to avoid disclosure of classified information in civil lawsuits, prompting legislation in the Senate that would provide more congressional oversight of the practice.

Though there have been modest increases in the use of the state secrets privilege every decade since the 1960s, some legal scholars and members of Congress contend that the Bush administration has employed it excessively as it intervened in cases that could expose information about sensitive programs. These include the rendition of detainees to foreign countries for interrogation and cases related to the National Security Agency’s use of warrantless wiretaps.

The privilege allows the government to argue that lawsuits — and the information potentially revealed by them — could damage national security. It gives judges the power to prevent information from reaching public view or to dismiss cases even if they appear to have merit.

Sen. Edward M. Kennedy (D-Mass.), in a speech on the Senate floor last week, said one reason for more congressional oversight is the risk that the privilege “will be overused and abused.” He said the Bush administration’s use of the privilege since the Sept. 11, 2001, terrorist attacks “has dramatically increased, and the harmful consequences of its irregular application by courts have become painfully clear.”

Full post as published by The Gavel on January 29, 2008 (boomark / email).