It is entirely proper for a court to conduct in camera review of documents and testimony that the government asserts are subject to the state secrets privilege, said the plaintiffs in a lawsuit challenging the constitutionality of the “no fly” list.
The Justice Department had argued that judicial review of privileged documents was “inappropriate” and asked Judge Anthony J. Trenga of the Eastern District of Virginia to reconsider his order requiring such review. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27.)
But “the state secrets privilege… was never intended to provide the federal government with a blank check to usurp the rights of Americans in novel and profound ways,” countered Gadeir Abbas, attorney for Gulet Mohamed, who is challenging the “no fly” procedure.
“This Court’s August 6th Order [requiring in camera review of the contested documents] is an appropriate exercise of its authority to subject the federal government’s limiting-principle-free assertion of the state secrets privilege to some scrutiny,” Mr. Abbas wrote in his September 5 response.
A ruling from the Court is pending.
Whether the government’s argument prevails or not, Mr. Abbas noted that the 2013 Watchlisting Guidance which the government sought to withhold has been published online by The Intercept.
Attorney General Holder “had asserted the state secrets privilege over this document, but because it is now publicly available, the Court can consider it in its entirety,” he wrote.
Even as companies and countries race to adopt AI, the U.S. lacks the capacity to fully characterize the behavior and risks of AI systems and ensure leadership across the AI stack. This gap has direct consequences for Commerce’s core missions.
The last remaining agreement limiting U.S. and Russian nuclear weapons has now expired. For the first time since 1972, there is no treaty-bound cap on strategic nuclear weapons.
As states take up AI regulation, they must prioritize transparency and build technical capacity to ensure effective governance and build public trust.
The Philanthropy Partnerships Summit demonstrated both the urgency and the opportunity of deeper collaboration between sectors that share a common goal of advancing discovery and ensuring that its benefits reach people and communities everywhere.