New State Secrets Policy to be Released as early as Today

A number of news outlets, including The Washington Post [1] and The New York Times [2], are reporting that as early as today, the Obama administration plans to release a new policy on the state secrets privilege.  The new policy is expected to be implemented on Oct. 1.  According to the reports, there are several measures included that will restrict the executive branch’s ability to claim the privilege.

As reported the changes would add transparency and accountability to the process in ways that seem consistent with the 21st Century Right to Know report.  All too often presidents have withheld information by invoking the privilege to prevent embarrassment rather than for legitimate national security concerns.  We expect that the policy will include independent review of evidence that is claimed as a state secret and limitations on the administration’s ability to dismiss entire cases by using the privilege.

I’ll have more when official details emerge from the White House.

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