Obama’s Disappointing State Secrets Procedures by Kurt Opsahl

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After months of internal review, the Obama Administration today announced a new policy on the use of the state secrets privilege. The state secrets privilege traditionally allows the government to withdraw particular pieces of evidence from a court case on the grounds that the evidence would reveal sensitive classified information. Despite this limited purpose, it's been repeatedly misused by the Bush and now Obama administrations to try to throw important litigation out of court, and is badly in need of reform.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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