The U.S. government has been increasing its use of the state secrets privilege to avoid disclosure of classified information in civil lawsuits. 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.) ... 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. Kevin Bankston, a lawyer with the Electronic Frontier Foundation ... said "The administration is attempting to use the privilege as a back-door immunity to obtain dismissal of any case that attempts to put the NSA wiretapping issue in front of a judge. It is no secret such a program existed."
Latest
Latest News
Each news summary is created according to strict standards. Here's how we do it.
Each summary is created using a consistent editorial procedure. The target length is approximately 16 lines of 11-point Arial text in a 650-pixel-wide column. Up to 25% of a summary may be set in bold to emphasize the most important ideas. Summaries are composed of verbatim excerpts presented in the same sequence as they appear in the original news source, with very minor editorial additions. Where material has been omitted between excerpts, the omission is indicated with ellipses (...). Any words added by an editor for clarity or context appear in [brackets]. Our original news editor was Fred Burks. Tod Fletcher edited most summaries from 2007 through 2014, and Mark Bailey has served as news editor since 2014.