On Nov. 30, Congress and the President succeeded in tying the hands of the judicial system from releasing photographic evidence of American soldiers torturing detainees in U.S. custody in Iraq and Afghanistan.  The Supreme Court today reversed a lower court ruling that the pictures must be released.

Efforts to improve the security of chemical facilities from terrorist attack took a step forward this week as a House subcommittee passed legislation that encourages plants to switch to safer and more secure technologies. The bills – the Chemical Facility Anti-Terrorism Act of 2009 and a related bill that addresses security at drinking water facilities – also require participation by plant workers in assessing vulnerabilities and creating a security plan. With no Republican support, the party-line vote in the Energy and Environment subcommittee sends the bills to the full Energy and Commerce committee for another vote, likely next week. Although the bills still lack crucial accountability measures, they represent a major improvement over the flawed and inadequate temporary security measures now in place.

Today, the Justice Department released a pivotal policy statement on the way the Obama administration will govern use of the state secrets privilege.  The new policy will be implemented on Oct. 1.  This is a welcome step toward President Obama’s promise of an unprecedented level of openness and away from the former administration’s “just trust us” approach when using the privilege to withhold evidence in lawsuits against the government.  While it seems highly likely that previous administrations have used the unfettered privilege to avoid embarrassment or corruption charges, the Obama administration has limited its use to national security purposes.

Earlier this month, the Washington Post ran a story about the intelligence community’s efforts to push legislators to amend the Intelligence Authorization Act (S. 1494) to exempt “terrorist identity information (TII)” from the Freedom of Information Act (FOIA).  Currently, this information is marked as Controlled Unclassified Information (CUI) with a stamp that reads “for official use only” but the Office of the Director of National Intelligence (ODNI) made claims that the information could readily be requested under FOIA with little protection.  We have proof that these claims were ridiculous.