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Holder announces limits on 'state secrets' defense | ||
2009-09-24 | ||
WASHINGTON (CNN) -- Attorney General Eric Holder announced limits Wednesday on the use of the "state secrets" defense, which can block courts from considering cases in which government secrets could be released. Eric Holder gave no indication the new rules would affect ongoing cases in which the privilege has been invoked. The new standard would require the attorney general and a panel of government lawyers to approve such a claim "only when genuine and significant harm to national defense or foreign relations is at stake." Currently, the Justice Department can ask a court to block consideration of a case by invoking the defense with a lower standard by asserting disclosures could harm national security. In a four-page memo to all Executive Branch and intelligence agencies, Holder says the change will "provide greater accountability and reliability." Holder said the Justice Department will not defend the use of the state secrets privilege in order to hide violations of law or government errors, or to protect against the embarrassment of government officials. The American Civil Liberties Union said the change did not go far enough, and lumped the Obama administration with that of the Bush administration in its use of the state secrets privilege.
The policy change is the result of a lengthy review of current cases in which the Bush administration had invoked the state secrets privilege. However, Holder gave no indication the new rules would affect ongoing cases in which the privilege has been invoked. The Obama administration has continued to back sensitive cases originally brought against the Bush administration in which citizens claimed they were illegally monitored. The newly announced changes may not go far enough to satisfy staunch Democratic critics of the state secrets defense.
Sen. Patrick Leahy, D-Vermont, who leads the Senate Judiciary Committee, said he remains "especially concerned" that the new policy does not require the government to provide substantial evidence to a judge when asserting the privilege. The policy change announced Wednesday goes into effect October 1. | ||
Posted by:Steve White |
#3 ...if the Republican leadership have any balls sadly, it aint gonna happen... |
Posted by: abu do you love 2009-09-24 23:55 |
#2 The new standard would require the attorney general and a panel of government lawyers to approve such a claim "only when genuine and significant harm to national defense or foreign relations is at stake." Glad they have no need for 'experts' in military security and operations, clandestine operations, sigint or slews of other areas of national defense. The legal caste as the ruling caste. The process becomes the end, no longer just the means. Who needs the 'consent' of the governed when they're in charge. |
Posted by: Procopius2k 2009-09-24 08:43 |
#1 It's should be interesting when the other party takes power and discovers the extent of selling out the US and placement of marxists and communists in key positions in the government. It ought to be a prosecutors happy hunting ground, if the Republican leadership have any balls. |
Posted by: ed 2009-09-24 08:11 |