National security cited against challenges to anti-terror tactics
The Bush administration is aggressively wielding a rarely used executive power known as the state secrets privilege in an attempt to squash hard-hitting court challenges to its anti-terrorism campaign. How the White House is using this privilege, not a law but a series of legal precedents built on national security, disturbs some civil libertarians and open-government advocates because of its sweeping power. Judges almost never challenge the government's assertion of the privilege, and it can be fatal to a plaintiff's case. The government is invoking the privilege in an attempt to wipe out the heart of a lawsuit that seeks to examine rendition, the secretive and controversial practice of sending terror suspects to foreign countries where they might be tortured. Use of the secrets privilege also could eliminate a suit by a former FBI contract linguist who charges that the bureau bungled translations of terrorism intelligence before and after the Sept. 11, 2001, attacks. The Bush administration is also using the secrets privilege to seek dismissal of a third case not related directly to terrorism. And the administration has invoked the privilege in less sweeping ways on several other occasions. The use of the state secrets privilege, critics say, is part of President Bush's forceful expansion of presidential secrecy, including a more restrictive approach to releasing documents under the Freedom of Information Act; limitations on the dissemination of presidential papers and curtailment of information on individuals rounded up in the war on terrorism. [more]