Greater Use of State Secrets Privilege Spurs Concern

[babylonsister]

Greater Use of Privilege Spurs Concern

By Josh White
Washington Post Staff Writer
Tuesday, January 29, 2008; Page A17

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."

Kennedy cited statistics that show the Bush administration has used the state secrets privilege substantially more, on a percentage basis, than previous administrations to block or dismiss lawsuits.

more...

http://www.washingtonpost.com/wp-dyn/content/article/2008/01/28/AR2008012802430.html

[TechBear_Seattle]

1. Talk, talk, talk, talk

And while the so-called "opposition" in Congress wrings its hands, the Junta is getting away with malfeasance and abuse of office, if not outright treason.

Could someone wake me up when something actually gets done for a change?

[ThomWV]

2. This is an extremely serious matter but it was inevitable

As the Government moved deeper and deeper into the lives of individuals it must also come into contact with civil law more often.

If we can strengthen the ability of civil courts to gain information from the Government that is not otherwise accessible to the individual it speaks of two things. First a Government with far too much power to hide or disguise its activities and the opportunity for us to establish at absolute barrier to the spread of secrecy.

Nothing should be kept from the court. It is bad enough that we allow Governmental secrecy to the extent we have but recent growth is simply unacceptable. One suspects it is done more to protect lawbreakers than in the name of national security.

[babylonsister]

3. So again, we have to 'hope' this gets some attention. I'm so tired

of 'hoping' the Dems will do the right thing.

[Solly Mack]

4. so a little bit was OK but now....at the end...it's a "concern"?