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.
In the last decade, the U.S. has made significant investments to address the wildfire crisis, including the historic investments in hazardous fuels reduction through the IRA and IIJA.
The widespread adoption of conservation agricultural practices to protect soils is key to ensuring food security and water quality for current and future generations in the United States.
Christopher Gillespie was deep into his PhD work in soil ecology and soil biogeochemistry when he heard about FAS’ Day One Project.
Outside of loans, the federal government can do more to support the restart and ensure other nuclear plants continue generating clean baseload energy for as long as safely possible.