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State secrets privilege: Difference between revisions
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<blockquote>Correction: In this article, we incorrectly reported that the government invoked the state secrets privilege in 23 cases since 2001. The figure came from the 2005 Secrecy Report Card published by OpenTheGovernment.org. The privilege was actually invoked seven times from 2001 to 2005, according to the corrected 2005 report card, which is not an increase from previous decades.<ref name="Susan Burgess" /></blockquote> | <blockquote>Correction: In this article, we incorrectly reported that the government invoked the state secrets privilege in 23 cases since 2001. The figure came from the 2005 Secrecy Report Card published by OpenTheGovernment.org. The privilege was actually invoked seven times from 2001 to 2005, according to the corrected 2005 report card, which is not an increase from previous decades.<ref name="Susan Burgess" /></blockquote> | ||
Following the [[September 11, 2001 attacks]], the privilege is increasingly used to dismiss entire court cases, instead of only withholding the sensitive information from a case.<ref name="Carrie Newton Lyons"/> Also in 2001, | Following the [[September 11, 2001 attacks]], the privilege is increasingly used to dismiss entire court cases, instead of only withholding the sensitive information from a case.<ref name="Carrie Newton Lyons"/> Also in 2001, George W. Bush issued [[Executive Order 13233]] extending the accessibility of the state secrets privilege to also allow ''former'' presidents, their designated representatives, or representatives designated by their families, to invoke it to bar records from their tenure.<ref name="Glenn Greenwald"/> An article in the ''New York Times'' in August 2007, regarding a lawsuit involving [[Society for Worldwide Interbank Financial Telecommunication]], concluded that judges were more willing to ask the government to validate its claims.<ref>{{cite news|url=https://www.nytimes.com/2007/08/31/us/nationalspecial3/31swift.html?ref=us|title=U.S. Cites 'Secrets' Privilege as It Tries to Stop Suit on Banking Records|last=Lichtblau|first=Eric|date=August 31, 2007|work=The New York Times|access-date=2009-07-09|archive-url=https://web.archive.org/web/20170701092103/http://www.nytimes.com/2007/08/31/us/nationalspecial3/31swift.html?ref=us|archive-date=July 1, 2017|url-status=live}}</ref> | ||
==Criticism== | ==Criticism== | ||
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{{main|Khalid El-Masri|Extraordinary rendition}} | {{main|Khalid El-Masri|Extraordinary rendition}} | ||
In May 2006, the illegal detention case of [[Khalid El-Masri]] was dismissed based on the privilege, which was invoked by the [[Central Intelligence Agency]] (CIA). [[Khalid El-Masri]] alleged that he was falsely held by the CIA for several months (which the CIA acknowledges) and was beaten, drugged, and subjected to [[torture]], [[degrading treatment|degrading]] and [[inhuman treatment|inhuman]] treatment while in United States [[command and control|captivity]]. He was ultimately released by the CIA with no charge ever being brought against him by the United States government. Judge [[T. S. Ellis III]] of the [[U.S. District Court]] dismissed the case because, according to the court, the simple fact of holding proceedings would jeopardize state secrets, as claimed by the CIA.<ref name="El-Masri Rendition Case"/><ref>{{Cite web |url=https://www.aclu.org/safefree/torture/25606prs20060519.html |title=Day in Court Denied for Victim of CIA Kidnapping and Rendition, Khaled El-Masri |access-date=2016-12-04 |archive-url=https://web.archive.org/web/20060526171959/http://www.aclu.org/safefree/torture/25606prs20060519.html |archive-date=2006-05-26 |url-status=live }}</ref> On March 2, 2007, the United States Court of Appeals for the Fourth Circuit affirmed.<ref>{{Cite web |url=https://www.nytimes.com/packages/pdf/world/20070303_MASRI.pdf |title=Archived copy |website= | In May 2006, the illegal detention case of [[Khalid El-Masri]] was dismissed based on the privilege, which was invoked by the [[Central Intelligence Agency]] (CIA). [[Khalid El-Masri]] alleged that he was falsely held by the CIA for several months (which the CIA acknowledges) and was beaten, drugged, and subjected to [[torture]], [[degrading treatment|degrading]] and [[inhuman treatment|inhuman]] treatment while in United States [[command and control|captivity]]. He was ultimately released by the CIA with no charge ever being brought against him by the United States government. Judge [[T. S. Ellis III]] of the [[U.S. District Court]] dismissed the case because, according to the court, the simple fact of holding proceedings would jeopardize state secrets, as claimed by the CIA.<ref name="El-Masri Rendition Case"/><ref>{{Cite web |url=https://www.aclu.org/safefree/torture/25606prs20060519.html |title=Day in Court Denied for Victim of CIA Kidnapping and Rendition, Khaled El-Masri |access-date=2016-12-04 |archive-url=https://web.archive.org/web/20060526171959/http://www.aclu.org/safefree/torture/25606prs20060519.html |archive-date=2006-05-26 |url-status=live }}</ref> On March 2, 2007, the United States Court of Appeals for the Fourth Circuit affirmed.<ref>{{Cite web |url=https://www.nytimes.com/packages/pdf/world/20070303_MASRI.pdf |title=Archived copy |website=The New York Times |access-date=2017-02-23 |archive-url=https://web.archive.org/web/20160806043940/http://www.nytimes.com/packages/pdf/world/20070303_MASRI.pdf |archive-date=2016-08-06 |url-status=live }}</ref> On October 9, 2007, the [[United States Supreme Court|Supreme Court]] declined to hear an appeal of the Fourth Circuit's decision, letting the doctrine of state secrets privilege stand.<ref>{{cite news |first=Linda |last=Greenhouse |title=Supreme Court Refuses to Hear Torture Appeal |url=https://www.nytimes.com/2007/10/10/washington/10scotus.html?ref=us |work=The New York Times |date=2007-10-10 |access-date=2007-10-10 |archive-url=https://web.archive.org/web/20111116172804/http://www.nytimes.com/2007/10/10/washington/10scotus.html?ref=us |archive-date=2011-11-16 |url-status=live }}</ref> | ||
===Maher Arar=== | ===Maher Arar=== | ||