“In too many cases, claims of state secrets have succeeded in keeping important cases out of court entirely or preventing courts from considering evidence vital to the outcome of a case,” said Rep. John Conyers, Chairman of the House Judiciary Committee, at a January 29 hearing on “Reform of the State Secrets Privilege.” The record of that hearing has just been published.
In one recent case, a federal judge did what others have often failed to do in state secrets cases, which is to critically examine the basis for the assertion of the state secrets privilege.
Judge Sidney I. Schenkier of the Northern District of Illinois conducted hearings as well as in camera review of documents that the government insisted were protected by the state secrets privilege. In an April 16, 2008 ruling (pdf) in the case of M. Afikur Rahman v. Michael Chertoff, he rejected some of the government’s privilege claims and affirmed others.
The 1953 Reynolds case that established the Supreme Court precedent on the state secrets privilege was examined most recently by writer Barry Siegel in the new book “Claim of Privilege: A Mysterious Plane Crash, A Landmark Supreme Court Case, and the Rise of State Secrets” (Harper Collins, June 2008).
Despite significant political momentum behind reform efforts, limited attention has been paid to the federal workforce that will actually be responsible for interpreting and implementing new permitting regulations and better outcomes.
Nearly 150 organizations and government officials have endorsed the call to action and solutions for extreme heat, now public at HeatAgenda.US Washington, D.C. – July 7, 2026 – As millions of Americans continue to struggle to stay cool following one of the hottest Independence Day holidays on record, the Federation of American Scientists (FAS), one […]
Addressing rising heat will take all of us. Together, we can create heat-safe homes, workplaces, schools, childcare facilities, and communities – the backbone of a heat-ready nation.
DNA synthesis and export controls remain the primary regulatory safeguards against de novo production of harmful biological agents, yet governance frameworks lack the situational awareness and enforcement capacity to keep pace with rapidly falling technical barriers.