Congress Moves to Curb “State Secrets” Privilege!

This is a good sign. And the Dems are on the case. Glennzilla writes about it in Salon:

Earlier this week, I wrote about the State Secrets Protection Act of 2008, which was co-sponsored by numerous key Senators [including Joe Biden and Hillary Clinton, as well as the Senate Judiciary Committee's Chair (Pat Leahy) and ranking member (Arlen Specter)], and which was approved by the Judiciary Committee last year with all Democrats voting in favor. That bill, in essence, sought to ban the exact abuse of the State Secrets privilege which the Bush administration repeatedly invoked and which, now, the Obama administration has embraced: namely, as a weapon to conceal and immunize government lawbreaking (by compelling the dismissal of entire lawsuits in advance) rather than a limited, document-by-document evidentiary privilege.

Yesterday -- as an obvious response to the Obama DOJ's support for the Bush view of the privilege -- Leahy and Specter, along with Russ Feingold, Claire McCaskill, Sheldon Whitehouse and Ted Kennedy, re-introduced that bill in the Senate. When doing so, Leahy made clear that the bill was more needed than ever in light of the actions of the Obama administration:

During the Bush administration, the state secrets privilege was used to avoid judicial review and skirt accountability by ending cases without consideration of the merits [ed: exactly what the Obama DOJ endorsed this week]. It was used to stymie litigation at its very inception in cases alleging egregious Government misconduct, such as extraordinary rendition and warrantless eavesdropping on the communications of Americans [ed: exactly what the Obama DOJ endorsed this week]. . . .

We held a Committee hearing on this issue last year, and the appropriate use of this privilege remains an area of concern for me and for the cosponsors of this bill. In light of the pending cases where this privilege has been invoked, involving issues including torture, rendition and warrantless wiretapping, we can ill-afford to delay consideration of this important legislation.

It is so good to see our Congresscritters doing the right thing and taking their responsibilities seriously no matter who is in the Whitehouse.

It is just what I said the other day.

So, "Thank You Senators."