Obama Plans To Reform State Secrets Privilege May Not Please Critics
In response to charges that the Obama White House has, to perhaps a greater extent than the Bush administration, abused its powers to get controversial cases thrown out of court, the President announced the following reform of the State Secrets privilege:
We will apply a stricter legal test to material that can be protected under the State Secrets privilege. We will not assert the privilege in court without first following a formal process, including review by a Justice Department committee and the personal approval of the Attorney General. Finally, each year we will voluntarily report to Congress when we have invoked the privilege and why, because there must be proper oversight of our actions.
Later, Obama cautioned the same critics that his policies would still leave them wanting. "There are those," he said, "who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency."
Which stands somewhat in contrast to one memorable line from his inaugural address, when he said "we reject as false the choice between our safety and our ideals."


















Sorry Brian - strawman
100% state secrets transparency is an oxymoron and 100% transparency may be one of your ideals but not "our ideals"
May 21, 2009 11:44 AM | Reply | Permalink
The Republic survived for 160 years without the state secrets doctrine.
May 21, 2009 11:49 AM | Reply | Permalink
The Republic was an isolationist backwater for most of those 160 years and suspended habeus corpus during the four when we had military secrets worth keeping.
May 21, 2009 3:51 PM | Reply | Permalink
I search in vain for the words "100% transparency" either expressed or implied in Beutler's post.
Are you sure it's Beutler who's putting up the strawman?
May 25, 2009 3:46 AM | Reply | Permalink
Speaking of strawmen, Meteor Blades and mcjoan over at Kos both took note of the strawman the President set up with the exact same quote.
Meteor Blades:
mcjoan, referring to the same reference to the same nonexistent "who would almost never put national security over transparency" group:
Well, when the president says it that means that it is not a strawman.
As long as you have the right president, I guess.
May 25, 2009 4:04 AM | Reply | Permalink
Gracious. The Obama Administration has been in existence for four months and has already exceeded the abuses of the Bush Administration?
Really?
May 21, 2009 12:05 PM | Reply | Permalink
It doesn't get much more hysterical than that.
May 21, 2009 12:08 PM | Reply | Permalink
Considering almost 100% of the outrage comes from one single example of the Obama administration invoking the states secrets privilege in requesting a case be thrown out, is the implication that the Bush administration invoked the state secrets privilege zero times?
May 21, 2009 2:48 PM | Reply | Permalink
"There are those," he said, "who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency."
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That's a complete smear. Obama's DoJ has actively tried to get entire cases thrown out on the basis of this "privilege". The lawyers from the ACLU, EFF and the like have no issue with evidence going through a judge 'in camera' if its potentially sensitive. Thats what the law provides for. Obama knows this. Instead he decides to feed the right wing smear on Civil Libertarians as being reckless with our security. How can anyone apologize for this? Its not about purity, its about justice. I can hardly believe what I'm reading at this point.
May 21, 2009 2:06 PM | Reply | Permalink
Of course, that wasn't the case Obama was referring to; when asked about that actual case at a press conference, Obama refused to support the use of states secrets in that case and instead made the claim was that the filing had taken place early enough in the administration that his administration had not had sufficient time to actually review or rewrite the decision to request a dismissal and just went ahead with filings prepared by the Bush administration. Something of a weak excuse? But hardly the strong defense of the policy you paint him as promulgating.
Do you really think that you can effectively oppose Obama administration policy without even taking the time to figure out what it is?
May 21, 2009 2:52 PM | Reply | Permalink
"...that his administration had not had sufficient time to actually review or rewrite the decision to request a dismissal and just went ahead with filings prepared by the Bush administration."
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THEY NEVER ASKED FOR MORE TIME! This excuse has been blown apart many times over. If they needed more time, all they had to do was ask and it would have been agreed upon. Instead they wanted the entire case thrown out on principle. And the motivations for doing so are obvious.
Obama's smear that "there are those.. who never put national security over transparency" is a calculated, disingenuous generalization "from the center", and its as insulting as it is dangerous. If seeing words for what they are makes one a member of the "loony left" so be it.
May 21, 2009 3:31 PM | Reply | Permalink
Yeah, some guy on a blog said it so it must be true. And that's totally been my experience before federal judges. I'll just file a motion asking for an indefinite extension of time, and the judge always just says "why sure, take as long as you want. What with my invulnerability to political pressure thanks to my lifetime tenure, laser-like focus on keeping my docket moving and general sense of godlike power, I am always happy, even eager, to grant requests for indefinite extensions of time. And your opposing counsel is likewise eager to concur in that motion."
May 21, 2009 4:01 PM | Reply | Permalink
Strawman alert. Nobody was discussing an indefinite extension of time. Pretty transparent, NCSteve.
If you seriously, actually believe that, less than 30 days into a new administration, a federal judge would not grant a reasonable extension of time to review a possible major policy shift on a matter of crucial policy importance -- and if you seriously believe that the ACLU attorneys (opposing counsel in this case) would not stipulate to such an extension.... well, words fail. Just wow.
May 25, 2009 2:26 AM | Reply | Permalink
Oops. My bad. Not a federal judge, a federal appellate panel. Which makes NCSteve's position all the worse.
May 25, 2009 3:22 PM | Reply | Permalink