Justice Department Defends Use of State Secrets Privilege
“The Government has invoked the state secrets privilege sparingly and appropriately,” the Department of Justice said in a 2011 report to Congress that was released this week.
The 8 page report describes the features of the internal process for determining whether to assert the state secrets privilege in a particular case, including the standards and procedures for validating the use of the privilege.
“The Department has applied and will continue to apply these procedures faithfully in reviewing and defending the invocation of the privilege,” the report stated. “The Department believes that good faith adherence to the standards and procedures outlined above will ensure the privilege is invoked in an appropriately narrow set of circumstances.”
Furthermore, “while invocation of the privilege may result in the dismissal of some claims, the Department’s policy seeks to avoid that result whenever possible, consistent with national security interests.”
The report provides a summary of two cases in which the state secrets privilege was asserted, Shubert v. Obama and Al-Aulaqi v. Obama.
The Justice Department report to the Senate Judiciary Committee on the state secrets privilege was transmitted to Congress on April 29, 2011, but it does not seem to have been made public before now.
The 2011 report is described as “the first periodic report to congressional committees” on state secrets cases. “The Department will provide future reports on a periodic basis regarding cases in which the Government has invoked the privilege on behalf of departments or agencies, explaining the basis for the decision in each case.”
But a Justice Department official said this morning that there have been no subsequent reports to date.
There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.
Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.
The stakes are high: how we manage this convergence will influence not only the pace of technological innovation but also the equity and sustainability of our energy future.
We’re launching an initiative to connect scientists, engineers, technologists, and other professionals who recently departed federal service with emerging innovation ecosystems across the country that need their expertise.