State Secrets Protection Act

[rimfire]

Today the Senate Judiciary Committee approved the State Secrets Protection Act (S.2533) and sent it to the floor. Finally, Congress has stepped up to try and restore balance in cases against the government. I'm sure the administration will try their hardest to kill this bill claiming it harms national security. And since it applies to active cases as well, I predict an increase in contributions from the telecoms. Specter was the only Repub voting for approval. A small victory for open government.

The bill creates a uniform set of procedures for federal judges to employ when the government asserts the privilege. But perhaps most significant, it would require the government to actually produce the evidence it says is protected for review by a federal judge in a classified setting. The government would be unable to rely on affidavits as it has in the past.

`(e) Determinations as to Applicability of State Secrets Privilege-

`(1) IN GENERAL- As to each item of evidence that the United States asserts is protected by the state secrets privilege, the court shall review, consistent with the requirements of section 4052, the specific item of evidence to determine whether the claim of the United States is valid. Evidence is subject to the state secrets privilege if it contains a state secret, or there is no possible means of effectively segregating it from other evidence that contains a state secret.

`(2) ADMISSIBILITY- If the court agrees that an item of evidence is subject to the state secrets privilege, that item shall not be disclosed or admissible as evidence.

`(3) DISCLOSURE- If the court determines that an item of evidence is not subject to the state secrets privilege, the state secrets privilege does not prohibit the disclosure of that item to the opposing party or the admission of that item at trial, subject to the other rules of evidence.

SEC. 3. APPLICATION TO PENDING CASES.

The amendments made by this Act shall apply to any civil case pending on or after the date of enactment of this Act.

[eric_t12]

it would require the government to actually produce the evidence it says is protected for review by a federal judge

omg the terrorists will get away with everything now, they actually have to produce it and have it reviewed under a classified setting!

what will the government ever do to combat terror now!

[AZXD]

If this makes it ..... Something tells me we're back in Kansas, Toto.
Auntie Em Auntie Em .... We're back! We're back!

[jdavionic]

Originally Posted by AZXD

If this makes it ..... Something tells me we're back in Kansas, Toto.
Auntie Em Auntie Em .... We're back! We're back!

That's just what they want you to think. You're actually in a pod filled with fluid.

[eric_t12]

and the congress is giving itself a raise after they raise the temperature on said fluid, even if its slowly :P

[AZXD]

Red Pill

[eric_t12]

well, i haven't heard how the terrorists will destroy us all yet, from the resident experts...

[AZXD]

Chirp chirp
Parhaps the knee-jerk is getting old.