When the government asserts the state secrets privilege in the course of litigation, the judiciary must independently evaluate the purported secret that is at issue and should not simply defer to the executive branch, several public interest groups argued in an amicus curiae brief (pdf) this week.
The brief, to which the FAS Project on Government Secrecy signed on, was filed in the 9th Circuit Court of Appeals in a state secrets case involving alleged domestic intelligence surveillance (Hepting v. USA, and related cases).
“The government’s extreme reading of the [state secrets] privilege would thwart government accountability, denying a forum for legitimate claims of government wrongdoing and undermining independent judicial review of executive action,” the brief stated.
We’re launching a national series of digital service retrospectives to capture hard-won lessons, surface what worked, be clear-eyed about what didn’t, and bring digital service experts together to imagine next-generation models for digital government.
How DOE can emerge from political upheaval achieve the real-world change needed to address the interlocking crises of energy affordability, U.S. competitiveness, and climate change.
As Congress begins the FY27 appropriations process this month, congress members should turn their eyes towards rebuilding DOE’s programs and strengthening U.S. energy innovation and reindustrialization.
Politically motivated award cancellations and the delayed distribution of obligated funds have broken the hard-earned trust of the private sector, state and local governments, and community organizations.