State Secrets Protection Act, S. 2533

Issues:

The State Secrets Protection Act, S. 2533, recently introduced by Senator Edward Kennedy (D-MA) and Senator Arlen Specter (R-PA), establishes procedures for the federal courts to ensure safe, fair, and responsible application of the states secrets privilege, in order to prevent its abuse by the executive branch.

In recent years, the Bush administration has increasingly invoked the state secrets privilege in blanket attempts to avoid disclosure of classified information in civil lawsuits. Judges, acting without the benefit of statutory guidance or clear precedent, have repeatedly dismissed potentially meritorious cases based solely on the executive branches' unilateral assurance that the documents involved were too sensitive to reveal. Such a response denies aggrieved Americans their day in court, undermines the appropriate oversight role of the judiciary, and threatens our system of checks and balances.  Passing the State Secrets Protection Act, which defines a judge's duty to review sensitive documents before deeming them inadmissible, would be an excellent first step in restoring the American people's faith in their government's ability to safeguard both their security and their rights.

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