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Obama Raises Bar on What Passes for State Secrets

AG must personally approve all requests to keep programs veiled

By Jason Farago,  Newser Staff

Posted Sep 23, 2009 5:58 AM CDT

(Newser) – The Obama administration will announce much more stringent rules on state secrets today, two Justice Department officials tell the Washington Post, in what amounts to a major shift from Bush-era practice. To keep a program secret, an organization—including intelligence agencies and the military—will have to convince the attorney general and DoJ lawyers that exposure would significantly harm "national defense or foreign relations."

The new policy, which goes into effect next week and has the support of the intelligence community, may have repercussions on several pending lawsuits. Officials have argued in the past that judges should dismiss cases, including ones filed by alleged victims of torture, in order to prevent state secrets from being revealed. The policy could also affect pending bills in both the House and Senate intended to give judges greater access to protected evidence.

Attorney General Eric Holder .
Attorney General Eric Holder .   (AP Photo/Pablo Martinez Monsivais)
Attorney General Eric Holder makes remarks during a news conference at City Hall in Philadelphia earlier this year.
Attorney General Eric Holder makes remarks during a news conference at City Hall in Philadelphia earlier this year.   (AP Photo/Matt Rourke)
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By holding ourselves to this higher standard, we're in some way sending a message to the courts. We're not following a 'just trust us' approach. - A senior Justice Department official, speaking anonymously

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COMMENTS
Showing 3 of 4 comments
lindamae
Sep 24, 2009 9:29 AM CDT
There is no excuse for secrecy and spies - let everyone know what we are doing so that they know how to destroy us. We live a a world in which everyone can be trusted and loved. So, let's join hands singing. This is such a joke. Obama wants us to fail.
RobN
Sep 23, 2009 5:37 AM CDT
Is this the same administration that took seven months to cough up the visitor logs at the White House?
Dr.Y.Dino
Sep 23, 2009 3:32 AM CDT
Yes, and Obama promised to negotiate with insurance and drug companies on CSPAN. His idea of transparency only applies to others, not him or his administration.
 

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