Latest in Secrecy: State Secrets Privilege

Secrecy: State Secrets Privilege

Supreme Court Oral Argument in Clapper v. Amnesty International This Morning [Updated]

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty International, about whether human rights groups have standing to challenge the constitutionality of counterterrorism-related global surveillance, given that the program is secret and thus they can't be sure that they are actually being surveilled.

Targeted Killing

USG Filing in NYT/ACLU SDNY FOIA Suit Re Targeted Killings

Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU  for records on targeted killings, especially with regard to U.S. citizens.  This is the brief for which the USG has sought and received several deadline extensions -- extensions necessitated by extensive internal deliberations that led some to think the USG might be changing its policy on disclosure in this context.

Secrecy: FOIA

Appellant Brief Filed in ACLU v. CIA (Drone Program FOIA Request)

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 in targeted killings.

Secrecy: State Secrets Privilege: Litigation

The Evolving UK Approach to Litigating Cases Involving State Secrets

The UK for some time has been wrestling with the problem of civil litigation that implicates states secrets.  Foreign Minister William Hague addressed the issue eloquently in this speech, which in relevant part takes up the possibility of using special advocates and other closed-door proceedings to overcome the problem.  Here is the key passage:

Secrecy & Leaks

More on Releasing the Legal Rationale for the Al-Aulaqi Strike

In the past couple of days, both Jack and I have called for greater transparency concerning the legal rationale for the drones program. Lurking behind both of our posts--and peeking out of both occasionally--is a point that is worth making explicit: There is something deeply wrong about the faux covertness of this program.

Secrecy & Leaks

New State Secrets Assertion

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.

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