February 11, 2009 1:35 PM
- Text
New AG Holder Eyes Bush's State Secrets
(AP)
The new U.S. attorney general, Eric Holder, has ordered a review of all claims of state secrets, which were used under President George W. Bush to shield controversial anti-terrorism programs from lawsuits.
The so-called state secrets privilege was invoked by the previous administration to stymie a lawsuit challenging the government's warrantless wiretapping program.
"The attorney general has directed that senior Justice Department officials review all assertions of the state secrets privilege to ensure that is being invoked only in legally appropriate situations," Justice Department spokesman Matt Miller said Monday.
"It's vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government's actions that they have a right to know," said Miller.
Even as officials promised a thorough review, government lawyers continued to invoke the state secrets law Monday in a federal appeals court in San Francisco. That case involves a lawsuit over the CIA's extraordinary rendition program.
Under that program, U.S. operatives seized foreign suspects and handed them over to other countries for questioning.
Some former prisoners subjected to the process contend they were tortured. Proving that in court has been difficult, as evidence they have sought to corroborate their claims has been protected by the president's state secrets privilege.
The American Civil Liberties Union has been urging the Obama administration to drop its state secrets claim.
ACLU executive director Anthony Romero criticized the new administration's handling of the San Francisco case by continuing the legal arguments of the prior administration.
"Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama's Justice Department has disappointingly reneged on that important civil liberties issue," Romero said in a statement.
The so-called state secrets privilege was invoked by the previous administration to stymie a lawsuit challenging the government's warrantless wiretapping program.
"The attorney general has directed that senior Justice Department officials review all assertions of the state secrets privilege to ensure that is being invoked only in legally appropriate situations," Justice Department spokesman Matt Miller said Monday.
"It's vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government's actions that they have a right to know," said Miller.
Even as officials promised a thorough review, government lawyers continued to invoke the state secrets law Monday in a federal appeals court in San Francisco. That case involves a lawsuit over the CIA's extraordinary rendition program.
Under that program, U.S. operatives seized foreign suspects and handed them over to other countries for questioning.
Some former prisoners subjected to the process contend they were tortured. Proving that in court has been difficult, as evidence they have sought to corroborate their claims has been protected by the president's state secrets privilege.
The American Civil Liberties Union has been urging the Obama administration to drop its state secrets claim.
ACLU executive director Anthony Romero criticized the new administration's handling of the San Francisco case by continuing the legal arguments of the prior administration.
"Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama's Justice Department has disappointingly reneged on that important civil liberties issue," Romero said in a statement.
Popular Now in Politics
- Archbishop Dolan urges Obama to back down on birth control
- Timothy Dolan: Birth control tweak a "first step"
- CPAC: Santorum rips Romney, rouses conservatives
- Santorum: Women could bring "emotions" to combat
- After uproar, Obama tweaks birth control rule
- STOCK Act passes in House
- Obama to announce revamp of birth control policy
- Ann Coulter riles up the CPAC crowd
- Former Giffords aide to run for her House seat
- Romney says his conservatism will shine
- Santorum's big benefactor
- CPAC: Huckabee "thanks" Obama for birth control firestorm
- Report: Chicago cardinal joins contraceptives fight
- Dems fight back in contraceptive battle
- CPAC: Will Sarah Palin spring a surprise?
- Is Rick Santorum conservatives' last, best hope?
- What Does 'GOP' Stand For?
Latest CBS News Headlines
on Facebook
on CBS News
- Vrbata, Smith lead Coyotes past Stars 4-1
- Vrbata, Smith lead Coyotes past Stars 4-1
- Canucks beat Predators 4-3 in SO
- Canucks beat Predators 4-3 in SO
on Facebook
- Adele sings a cappella for Anderson Cooper
- Josh Powell had "incestuous" images on his home computer, authorities say
on CBS News
