The Obama administration has re-asserted the powerful State Secrets Doctrine in at least three cases. Al-Haramain v. Obama, Mohammed v. Jeppesen, and Jewel v. NSA. The Department of Justice concluded that President Bush's lawyers correctly applied the privilege in those cases.
Tomorrow, the Senate Judiciary Committee will begin marking up the State Secrets Protection Act. The Bush Department objected to the legislation on constitutional grounds -- it would give the judiciary branch the authority to determine what constitutes a national security fact. What's the department's view now?
Attorney General Eric Holder said that the administration would soon "release our views" on the issue. "It's our view the proposals that we're going to make will deal with many of the concerns that generated the feeling that there was a need for legislation."
We will see.
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