Sometimes the government has to keep secrets. There are certain operations of, yes, national security that have to be kept under wraps, at least for a time.
But there is nothing so addictive as secrecy, especially when coupled with power, and keeping things secret because otherwise the bad guys will find out too soon all too easily turns into keeping things secret for the public's own good, which in turn becomes keeping things secret for the good of the secret-makers.
The Bush Administration has time and again used the first excuse, when it's been all too clear that, at best, they really have #2 in mind, if not #3. Their mantra of "Trust us, or else the Terrorists will win" rang hollow every early on, and now it would be laughable if the consequences were not so grave.
Now the Senate has taken up S.2533, the State Secrets Protection Act, which basically provides judicial oversight when the executive branch seeks to invoke "state secrets" as a reason to suppress information or stop judicial proceedings.
State Secrets Protection Act - Amends the federal judicial code to: (1) require a federal court to determine which filings, motions, and affidavits (or portions) submitted under this Act shall be submitted exparte; (2) allow a federal court to order a party to pr more...ovide a redacted, unclassified, or summary substitute of a filing, motion, or affidavit to other parties; and (3) require a federal court to make decisions under this Act, taking into consideration the interests of justice and national security.
Requires any hearing under this Act to be conducted in camera. Prohibits an in camera hearing, however, based on the assertion of the state secrets privilege, if the court determines that the hearing relates only to a question of law and does not present a risk of revealing state secrets. Allows a federal court to conduct hearings (or portions) ex parte if the court determines, following in camera review of the evidence, that the interests of justice and national security cannot adequately be protected through attorney security clearances, protective orders, sealed opinions or orders, and special masters.
Authorizes the United States to intervene in any civil action in order to protect information that may be subject to the state secrets privilege. Declares, however, that the state secrets privilege shall not constitute grounds for dismissal of a case or claim.
Prescribes procedures for: (1) determining whether evidence is protected from disclosure by the state secrets privilege; and (2) when evidence protected by the state secrets privilege is necessary for adjudication of a claim or counterclaim. Grants courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.
Requires the Attorney General within 30 days to report in writing to Congress on any case in which the United States invokes the state secrets privilege. Applies this Act to civil cases pending on or after the enactment of this Act.
Makes a lot of sense to me. Or, as Ronald Reagan himself once put it, "Trust, but verify." Though I'm sure that won't stop the current President from vetoing any such law.
Filed under :: Homeland Security :: Politics & Law
Vetoes are so "last century". He'll tack on a signing statement that says; "except us".
Au contraire. Signing statements were for when the GOP held Congress, so he could seem to be cooperating with them. Vetoes are for showing the Democrats Who's Boss.
And, if that fails, *then* the signing statement. :-)