ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Electronic Freedom Foundation - Deep Links

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: Electronic Freedom Foundation - Deep Links

NYT: New Obama Policy on State Secrets isn't Enough; Reform by Congress is Needed

By bankston

ADVERTISEMENTS

Today's New York Times included an excellent editorial on the Obama Adminstration's new policy toward the state secrets privilege. Echoing EFF's disappointment in the new procedures, the editorial explains:

The other day, Attorney General Eric Holder Jr. issued new guidelines for invoking the state secrets privilege in the future. They were a positive step forward, on paper, but did not go nearly far enough. Mr. Holder?s much-anticipated reform plan does not include any shift in the Obama administration?s demand for blanket secrecy in pending cases.

EFF's lawsuit against the government over the National Security Agency's warrantless wiretapping program, Jewel v. NSA, is one of those pending cases. As the editorial continues,

Nor does [the new policy] include support for legislation that would mandate thorough court review of state secrets claims made by the executive branch.... In any event, while more stringent self-policing of executive branch secrecy claims is welcome, it is hardly a total fix. Senator Russ Feingold, a Wisconsin Democrat, noted that without a clear, permanent mandate for independent court review of the administration?s judgment calls, Mr. Holder?s policy ?still amounts to an approach of ?just trust us.??

If the Obama team is sincere about wanting to end state secrets abuses, it will support the State Secrets Protection Act sponsored in the Senate by Patrick Leahy, the Judiciary Committee chairman, and in the House by Representative Jerrold Nadler, a Democrat of New York. The measure contains safeguards to ensure protection of legitimate secrets. But before ruling on a secrets claim, and possibly dismissing a lawsuit, judges would be required to review the documents or evidence in question instead of just accepting assertions in government affidavits.

The White House's continuing silence about pending legislation to reform the state secrets privilege has caused the issue to stall in Congress. Even though State Secrets Protection Act legislation was introduced in both the House and the Senate this past spring, Congress have been wary of considering those bills without knowing the White House's position. Hopefully, this editorial from the New York Times will convince President Obama that now is the time to take a strong position in favor of those bills' reasonable limits on government secrecy.

Full post as published by Electronic Freedom Foundation - Deep Links on September 29, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0027 secs (from cache 11/04/26 01:01:00)