new policy regarding assertions of the state secrets privilege

September 23, 2009

* Memorandum from Attorney General Holder, “Policies and Procedures Governing Invocation of the State Secrets Privilege” (Sep. 23, 2009)

The Justice Department today is announcing a new policy governing invocations of the state secrets privilege.  The four-page memorandum detailing the policy is attached, and the press release summarizing it more briefly appears below.  In brief, the policy entails both substantive and process changes, the general thrust of which are to deter unwarranted and overbroad invocations of the privilege while still preserving the availability of the privilege for use in appropriate cases. To wit: Read the rest of this entry »