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.
Without a robust education system that prepares our youth for future careers in key sectors, our national security and competitiveness are at risk.
The Federation of American Scientists applauds the United States for declassifying the number of nuclear warheads in its military stockpile and the number of retired and dismantled warheads.
The Federation of American Scientists (FAS) takes its role as a beacon and voice of the scientific community very seriously. We strive for a world that is both more inclusive and informed by science, and are committed to the idea that the path to that world starts by modeling it within our organization.
To understand the range of governmental priorities for the bioeconomy, we spoke with key agencies represented on the National Bioeconomy Board to collect their perspectives.