FAS

Justice Dept Silent on IG Role in State Secrets Cases

08.06.12 | 2 min read | Text by Steven Aftergood

The Department of Justice told Congress recently that it would not disclose the number of state secrets cases involving alleged government misconduct, if any, that have been referred to an Inspector General for investigation.

Under a revised state secrets policy that was announced by Attorney General Holder in 2009, the Department committed to referring credible claims of government wrongdoing that could not be adjudicated in court because the state secrets privilege had been invoked to the Inspector General of the relevant agency for further investigation.

So have any such state secrets cases in fact been referred an Inspector General?  That question was posed for the record by Sen. Sheldon Whitehouse following a November 2011 hearing of the Senate Judiciary Committee.

In newly published responses to this and a wide range of other questions that were transmitted to Congress in June, the Justice Department said it would not answer directly.

“The Department’s policy is not to disclose the existence of pending IG investigations.  Consistent with that policy, we could not provide the number of cases, if any, that may have been referred to an IG pursuant to the Department policy on state secrets privilege.”

“However, to the extent IG investigations are undertaken, the Government has typically released public versions of final IG reports,” the DoJ reply stated.

No such public versions of final IG reports have been released in the Obama Administration, as far as could be determined.  In 2008, a redacted version of a DHS Inspector General report concerning the Maher Arar state secrets case was released.

publications
See all publications
Government Capacity
Blog
The National Security Council’s Decision-Making Process: When Consensus Becomes a Constraint

The emphasis on interagency consensus, while well-intentioned, has become a structural impediment to bold or innovative policy options. When every agency effectively holds veto power over proposals, the path of least resistance becomes maintaining existing approaches with minor modifications.

01.22.25 | 4 min read
read more
Environment
Press release
Position on the Re-Introduction of H.R. 471 – The Fix Our Forests Act

The Federation of American Scientists supports H.R. 471, the re-introduction of the Fix Our Forests Act.

01.17.25 | 2 min read
read more
Emerging Technology
day one project
Policy Memo
Fighting Fakes and Liars’ Dividends: We Need To Build a National Digital Content Authentication Technologies Research Ecosystem

As people become less able to distinguish between what is real and what is fake, it has become easier than ever to be misled by synthetic content, whether by accident or with malicious intent. This makes advancing alternative countermeasures, such as technical solutions, more vital than ever before. 

01.17.25 | 12 min read
read more
Government Capacity
Blog
Herding Unicorns: Sharing Resources Speeds Hiring

Throughout this phase of work, there are many actions hiring managers and staffing specialists can take to streamline the process and improve the quality of eligible candidates. Most importantly, hiring managers and staffing specialists can collaborate within and across agencies to expedite and simplify the process.

01.17.25 | 10 min read
read more