Whose Privilege? (NYT editorial)

[struggle4progress]

Published: April 18, 2008

In the name of fighting terrorism — and with a clear goal of avoiding accountability — the Bush administration has imposed a level of secrecy on its operations that has no place in a democracy.

One of its most disturbing tactics has been seeking early dismissal of lawsuits alleging serious government misconduct, claiming they would reveal national security secrets. The Senate is now considering a good bill that would rein in this misuse of the state secrets privilege and give victims fair access to the courts and the public a fuller understanding of their government’s actions ...

Next week, the Senate Judiciary Committee is scheduled to vote on the State Secrets Protection Act. Introduced by Senators Edward Kennedy, Democrat of Massachusetts, and Arlen Specter, Republican of Pennsylvania, it would make it harder for this or future administrations to use a flimsy state secrets claim to avoid exposure of illegal or embarrassing conduct.

Legitimate secrets need to be protected, and the bill includes important safeguards. But before judges rule on a state secrets claim, the bill would require them to first review the documents or evidence for which the privilege is invoked — rather than rely on government affidavits asserting that the evidence is too sensitive to be disclosed ...

http://www.nytimes.com/2008/04/18/opinion/18fri1.html?hp

[bluerum]

1. Whew. Just in time for a new president.