Attorney General Holder announces limits on ’state secrets’ defense

[sabra]

Source: CNN

WASHINGTON (CNN) — Attorney General Eric Holder announced a policy change Wednesday to limit use of the “state secrets” defense, which can block courts from considering cases in which government secrets would be released.

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 use of the state secrets privilege in order to hide violations of law, government errors, or to protect against the embarrassment of government officials.

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.



Read more: http://cnnwire.blogs.cnn.com/2009/09/23/attorney-general-holder-announces-limits-on-state-secrets-defense/

[gateley]

1. I've been surprisingly impressed by him -- initially I thought he was just a Yes man. nt

[MessiahRp]

2. This is a good start...

This was one of my biggest bones of contention with the Obama Administration. Now if they can just look into the Siegelman case and serve justice there....

Rp

[Zenlitened]

3. K&R

[rd_kent]

4. Obama delivers on another promise!

Very happy about this. Now, lets see if actions follow the words.