Federal courts could, and should, play a more effective role in curtailing unnecessary government secrecy, argues Meredith Fuchs, general counsel at the National Security Archive, in a splendid new law review article.
“All too often, courts easily accept the argument that the executive needs unquestioning adherence to its judgments and that the court is not competent to assess those judgments in the realm of national security.”
“Yet judges have stemmed executive overreaching in other contexts involving national security claims. Judges have discretionary tools — such as the Vaughn Index, in camera review, and special master — available to help them do the same in the secrecy context,” she wrote.
Her article provides an updated introduction to the secrecy system, a critique of secrecy policy, and a survey of recent judicial actions.
See “Judging Secrets: The Role Courts Should Play in Preventing Unnecessary Secrecy” by Meredith Fuchs, Administrative Law Review, Winter 2006.
The public rarely sees the quiet, often messy work that goes into creating, passing, and implementing a major piece of legislation like the CHIPS and Science Act.
If this proposed rule were enacted it would have deleterious effects on government workers in general and federal researchers and scientists, specifically.
When we introduce “at-will” employment to government employees, we also introduce the potential for environments where people are more concerned about self-preservation than service to others.
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.