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Category Archives: Secrecy: State Secrets Privilege: Legislation

Why a “Drone Court” Won’t Work–But (Nominal) Damages Might…

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Sunday, February 10, 2013 at 5:12 PM

There’s been a fair amount of buzz over the past few days centered around the idea of a statutory “drone court”–a tribunal modeled after the Foreign Intelligence Surveillance Court (FISC) that would (presumably) provide at least some modicum of due process before the government engages in targeted killing operations, but that, like the FISC, would . . .
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Appellant Brief Filed in ACLU v. CIA (Drone Program FOIA Request)

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Friday, March 16, 2012 at 10:36 AM

The American Civil Liberties Union has filed its opening brief in its appeal of the District Court of the District of Columbia’s granting of a motion for summary judgment for the Central Intelligence Agency. The case stems from a FOIA request filed by the ACLU on January 13, 2010 requesting government records related to the use of drones . . .
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New State Secrets Assertion

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Tuesday, August 2, 2011 at 8:36 AM

Josh Gerstein at the Politico is reporting: The Obama administration is invoking the state secrets privilege to seek dismissal of part of a lawsuit brought by Muslims who claim that the FBI conducted sweeping unconstitutional surveillance of Southern California mosques and those who practice Islam in the region. Attorney General Eric Holder said in papers filed . . .
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Senator Cardin’s CIPA Reform Bill

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Tuesday, December 21, 2010 at 5:14 PM

[Update: Readers should also check out John Radsan's just-published paper on CIPA reform, in Cardozo Law Review, here.  Further update: the server hosting that paper is down until the afternoon of Dec. 29th, FYI]. Senator Cardin has introduced a bill to update and reform the Classified Information Procedures Act (“CIPA”), called the CIPA Reform and Improvement . . .
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Obama’s New Executive Order on CUI

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Saturday, November 6, 2010 at 6:18 PM

On Thursday, the White House issued a new executive order to establish a uniform policy for government treatment of “controlled unclassified information” (CUI).  The order defines CUI as “information that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government-wide policies, excluding information that is classified under Executive Order 13526 of . . .
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New FISC Rules of Procedure

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Wednesday, November 3, 2010 at 10:43 AM

Steve Aftergood has the link, and very useful commentary, here. Two important points highlighted by Steve: (i) The FISC remains obligated under its own Rule 3 to comply with EO 13526, which among other things prohibits disclosures of classified information absent review by the classifying agency (Steve explains how this sheds light on otherwise ambiguous . . .
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Key Points in the FY2010 Intelligence Authorization Act

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Wednesday, September 29, 2010 at 5:50 PM

Further to my earlier post on the FY2010 Intelligence Authorization Act, the full text of the bill and the precise details of the compromise among the White House, Senate, and House can be found here (FAS has posted an excerpt from the Congressional Record that opens with Senator Feinstein’s explanatory statement introducing the amended bill, followed . . .
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More from the Government’s Al Aulaqi Filing

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Saturday, September 25, 2010 at 11:57 PM

Jack has already posted the government’s brief in opposition to the ACLU’s and CCR’s request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some other interesting documents along with this lengthy brief. On the mundane end, there is the government’s motion to dismiss itself. More interesting are the . . .
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