State Secrets | Center for Effective Government

House Committee Marks Up State Secrets Bill, Sends It to the Floor

On Nov. 5, the House Judiciary Committee began markups on a bill that would codify standards for when and how the executive branch may apply the state secrets privilege in civil litigation. Although the Obama administration has promised certain limitations on its own use of the privilege, civil liberties and open government groups continue to call for legislation to address the privilege. Ultimately, the committee approved the bill on an 18-12 vote and referred the legislation to the full House.

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New Policy Marks First Step in Narrowing State Secrets Privilege

On Sept. 23, the Justice Department released a new policy on use of the state secrets privilege. The policy, which parallels several related recommendations from the Moving Toward a 21st Century Right-to-Know Agenda, will be implemented on Oct. 1. The long-expected announcement drew mixed reactions from public interest groups, ranging from support to criticism that the policy offers little more than a rehash of the heavily criticized policies of the Bush administration.

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A Few Additional Thoughts on the State Secrets Policy

Sep 23, 2009 by Roger Strother*

Since my initial take on the administration’s announcement this morning of a new state secrets policy, I’ve had a chance to discuss the issue with colleagues both inside and outside of OMB Watch and have decided to briefly outline what I see as both positives and negatives of the new policy. Ultimately, we feel the result is a net positive.

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BREAKING: New State Secrets Policy Released

Sep 23, 2009 by Roger Strother*

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.

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New State Secrets Policy to be Released as early as Today

Sep 23, 2009 by Roger Strother*

A number of news outlets, including The Washington Post and The New York Times, are reporting that as early as today, the Obama administration plans to release a new policy on the state secrets privilege. The new policy is expected to be implemented on Oct. 1. According to the reports, there are several measures included that will restrict the executive branch’s ability to claim the privilege.

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Administration Believes State Secrets is a Constitutional Privilege

Aug 4, 2009 by Roger Strother*

Last week, the Obama administration quietly filed an amicus brief with the Supreme Court that gives us a glimpse into the president’s interpretation of executive branch power. Seemingly seeking to expand and protect this power, the administration argued that the state secrets privilege is “constitutionally rooted.”

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Help Reform the State Secrets Privilege

May 11, 2009 by Roger Strother*

The Electronic Frontier Foundation has launched its campaign to ramp up support for the State Secrets Protection Act of 2009 (S. 417). Although a recent appellate court decision has thrown the executive branch’s broad interpretation of power into question, legislation is still needed to codify restrictions to presidential authority. Please act now to make your voice heard on this important issue.

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Courts Give up Hope on Executive Branch State Secrets Claims

Apr 29, 2009 by Roger Strother*

In a blow to a key position held by the Bush and Obama administrations on executive branch power, an appeals court has ruled against the administrations on a major state secrets case. On April 28, the 9th US Circuit Court of Appeals ruled that Boeing subsidiary Jeppeson DataPlan, which participated in flying suspected terrorists to foreign countries to be tortured as part of the CIA “extraordinary rendition” program, can be sued.

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Mums the Word from the White House on State Secrets Act

Apr 14, 2009 by Roger Strother*

To my dismay the White House has repeatedly stonewalled regarding its position on the State Secrets Privilege Protection Act targeted at limiting the executive branch’s use of privilege. In the past two weeks the White House has refused comment to Marc Armbinder of The Atlantic and Greg Sargent of TPM.

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The Sky is Not Falling on Obama Administration Transparency

Feb 13, 2009 by Roger Strother*

The right-to-know community has raised several concerns in recent weeks about President Obama’s commitment to openness. While I would agree that some criticism is warranted, I feel that we need to be cautious not to over-react to early missteps.

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