When Might Obama Revise The State Secret Privilege?

More

Consider the case of Maher Arar, a Canadian citizen who was rendered to Syria after being detained by U.S. authorities at New York's JFK airport in 2002. Arar was subsequently tortured by Syrians. He's suing the U.S. government for damages. (Read Jane Mayer's compelling account of Arar's experience here)

The government invoked the State Secrets Privilege to respond to certain requests by Arar's lawyer.  A judge threw the case out on several grounds, only one of which was the assertion of the privilege. A three judge panel on the appeals court agreed, but now the full appeals court is now re-hearing the case.

What attracts the Obama Administration to this case is that the State Secrets Privilege was not asserted as the primary reason why the case shouldn't go forward, the courts so far have not dismissed it solely on those grounds, and the suit is against the government, not a private corporation.  The Obama Justice Department could revoke the privilege claim on the grounds that it was improperly asserted, and they could still keep the case alive. Revoking the privilege in this case would not jeopardize the entire case and wouldn't necessarily set a standard that the administration would later regret.   Or they could settle the case, providing a roadmap of sorts for future claims against the government.

Jump to comments

Atlantic contributing editor Marc Ambinder is co-writing a book on national security and secrecy. More


Get Today's Top Stories in Your Inbox (preview)


Elsewhere on the web

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register. blog comments powered by Disqus

Video

Miami: The Next Big Start-Up City?

How the city became a center for innovation

Video

Video

A Brief History of Romantic Comedies

From The Atlantic's Chris Orr

Video

Video

Life in 'the New Arctic'

A moving portrait of a fading landscape

Video

Video

The Rise of New York City

A fascinating look at Manhattan in the 1940s

Video

'I Thought It Was Really Funny, but No One Else Did'

A day with New Yorker cartoonist Joe Dator

Video

New Yorkers: The Winemaker

Make your own wine ... in New York City

Video

What Is Methane Hydrate?

"Flaming ice" is a vast natural energy source

Video

NASA's Time-Lapse of the Sun

Now with epic dubstep music

Video

A Video Letter From the Editor

Highlights from the May 2013 issue

Video

Shaken Not Tuned: Cocktail Experiments

Can a tuning fork improve a cocktail?

Video

Video

The Rise of Environmentalism

Tracking 50 years, from the Love Canal disaster to Greenpeace

Video

Is He Cheating? A 1950s Guide

'That little blonde secretary from the office?’

Video

New Yorkers: Vintage Vacuum-Tube Amps

Risking electric shock to restore old amplifiers

Video

The DIY Piano-Bicycle

Everybody needs a hobby

Writers

Up
Down

More in Politics

In Focus

2013 National Geographic Traveler Photo Contest

Just In