New Checks and Balances for State Secrets Privilege

The Department of Justice announced today new policies and procedures for the government’s assertion of the state secrets privilege in litigation. Outlined in a memo from Attorney General Eric Holder, the new policies represent a huge step in the right direction towards a more open and accountable government. 

POGO Executive Director Danielle Brian had this to say about the new checks and balances:

“The Administration’s new policy to ensure the appropriate use of the State Secrets privilege finally provides checks and balances to a tool that has too often been used to suppress claims against the government. Requiring a review committee, Attorney General approval, Congressional oversight and Inspector General review allows for a reasonable balance between preserving legitimate secrets and protecting the public interest. POGO applauds this open government breakthrough.”

You may read the new policies and procedures in Holder's memo here. 

-- Bryan Rahija