Although the state secrets privilege is not much in the news at the moment, it continues to percolate in the law review literature.
The privilege, narrowly conceived, is a way for the government to block the introduction in court of specific pieces of evidence that it deems too sensitive for disclosure. But in recent years, the invocation of the privilege has led to the termination and dismissal of entire cases.
Last September, Attorney General Holder established new internal procedures to “ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible.”
But “the new policy cannot serve as an adequate accountability mechanism,” according to a new law review paper, particularly since “nothing in the policy compels administration cooperation with courts once the state secrets privilege is asserted.” See “State Secrets and Executive Accountability” by Christina E. Wells, Constitutional Commentary, forthcoming.
“Between 2001 and 2009 the government asserted state secrets in more than 100 cases,” a much higher count than previously reported, “while in scores more litigants appealed to the doctrine in anticipation of government intervention.” See “The Shadow of State Secrets” by Laura Donohue, University of Pennsylvania Law Review, forthcoming.
Another pending law review paper of interest, though not specifically on the state secrets privilege, is “A New Era of Openness? Disclosing Intelligence to Congress Under Obama” by Kathleen Clark, Constitutional Commentary, forthcoming.
To empower new voices to start their career in nuclear weapons studies, the Federation of American Scientists launched the New Voices on Nuclear Weapons Fellowship. Here’s what our inaugural cohort accomplished.
Common frameworks for evaluating proposals leave this utility function implicit, often evaluating aspects of risk, uncertainty, and potential value independently and qualitatively.
The FAS Nuclear Notebook is one of the most widely sourced reference materials worldwide for reliable information about the status of nuclear weapons and has been published in the Bulletin of the Atomic Scientists since 1987. The Nuclear Notebook is researched and written by the staff of the Federation of American Scientists’ Nuclear Information Project: Director Hans […]
According to the National Center for Education Statistics’ August 2023 pulse panel, 60% of public schools were utilizing a “community school” or “wraparound services model” at the start of this school year—up from 45% last year.