At a House Judiciary Subcommittee hearing today, witnesses discussed the feasibility and advisability of legislating reforms to the state secrets privilege.
The state secrets privilege has been used by the executive branch to block discovery in civil litigation when the government believes that there is an unacceptable risk of disclosure of sensitive national security secrets. But on several occasions, the mere assertion of the privilege has led to termination of the lawsuit. It has effectively short-circuited the adjudication of claims against the government involving domestic surveillance, unlawful detention, and torture.
“I do believe thoughtful legislation is needed to insure that maximum and uniform efforts are made to strike the right balance between national security needs and fair judicial proceedings,” said the Hon. Patricia M. Wald, the retired chief judge of the DC Circuit Court of Appeals in testimony today.
Legislative intervention was also endorsed by H. Thomas Wells, Jr. (pdf), the president-elect of the American Bar Association, and by Kevin Bankston (pdf) of the Electronic Frontier Foundation, whose lawsuit on warrantless domestic surveillance has prompted state secrets claims by the government.
Patrick Philbin, a former deputy attorney general, argued (pdf) that any legislative proposal to permit judges to overrule the executive branch regarding the sensitivity of particular information “would be a mistake.”
To empower new voices to start their career in nuclear weapons studies, the Federation of American Scientists launched the New Voices on Nuclear Weapons Fellowship. Here’s what our inaugural cohort accomplished.
Common frameworks for evaluating proposals leave this utility function implicit, often evaluating aspects of risk, uncertainty, and potential value independently and qualitatively.
The FAS Nuclear Notebook is one of the most widely sourced reference materials worldwide for reliable information about the status of nuclear weapons and has been published in the Bulletin of the Atomic Scientists since 1987. The Nuclear Notebook is researched and written by the staff of the Federation of American Scientists’ Nuclear Information Project: Director Hans […]
According to the National Center for Education Statistics’ August 2023 pulse panel, 60% of public schools were utilizing a “community school” or “wraparound services model” at the start of this school year—up from 45% last year.