Congress Explores Retooling State Secrets Privilege
H. Thomas Wells Jr.
Photo: Matthew Pace
Witnesses, including ABA President-Elect H. Thomas Wells Jr. (PDF), were called before a House Judiciary Subcommittee hearing today to discuss reforming the state secrets privilege.
The Bush administration and past administrations have used the privilege to block discovery in civil litigation when the government contends there is a risk of disclosing sensitive national security interests. But, according to Secrecy News, the mere assertion of privilege has ended the litigation and has “effectively short-circuited the adjudication of claims against the government involving domestic surveillance, unlawful detention, and torture.”
“I do believe thoughtful legislation is needed to insure that maximum and uniform efforts are made to strike the right balance between national security needs and fair judicial proceedings,” Patricia M. Wald, the retired chief judge of the U.S. Court of Appeals for the D.C. Circuit, is quoted saying.
Wells and Kevin Bankston (PDF), a senior attorney with the Electronic Frontier Foundation, whose lawsuit on warrantless domestic surveillance has prompted state secrets claims by the government, also testified in favor of legislative intervention, Secrecy News reports.
