"The practice of secret courts. The use of torture to secure confessions. The receipt of secret evidence. The exclusion of the public from proceedings. The offering of evidence in the form of summaries delivered to the judges, without the defendant being able to confront the evidence or conduct a cross-examination. These practices were the definition of tyrannical injustice to the Puritan fathers and the Founding Fathers. We thought them long-banished a hundred years and more before our own revolution. And now suddenly here they are again.
Secrecy has reemerged just as torture has made its comeback, being justified on the public stage, by government officials for the first time since the famous gathering at the Inns of Court in 1629 at which the judges declared “upon their and their nation's honor” that torture was not permitted by the common law. The two fit together, hand in glove: torture and secrecy. Torture and secrecy. Where one is used, the other is indispensable," - Scott Horton, in remarks given at NYU last week.