AALL Government Relations Committee member Cindi Ernst wrote an excellent new issue brief this month on the state secrets privilege. This timely issue brief provides background information on the development of the privilege since it was first asserted by the government more than fifty years ago, and updates on recent efforts for reform.
Legislation in the Senate (S.417) and House (H.R. 984) would reform the state secrets privilege by requiring judges to review the government’s claims of executive privilege and the classified evidence in question. AALL supports both bills.
[Posted by Emily Feldman]