State Secrets Protection Act
Encyclopedia
The State Secrets Protection Act, , ("SSPA") was a bill first proposed in the U.S. Senate during the 110th Congress by Senators Kennedy
, Leahy
, and Specter
on January 22, 2008. Senator Kennedy put out a press release explaining the rationale behind introducing the SSPA.
Hearings were held before the Senate Judiciary Committee on February 13, 2008. On Thursday, April 24, the committee approved the proposed legislation, voting 11-8 to send the bill to the full Senate for consideration.
In a March 31, 2008 letter to Senator Leahy, Attorney General
Michael B. Mukasey
expressed strong Bush Administration opposition to the legislation, saying in his letter that the bill "would needlessly and improperly interfere with the appropriate constitutional role of both the Judicial and Executive branches in state secrets cases; would alter decades of settled case law; and would likely result in the harmful disclosure of national security information that would not be disclosed under current doctrine."
Numerous scholars and non-governmental organizations (including the American Civil Liberties Union
, the American Bar Association
, the Constitution Project
, and the Brennan Center for Justice
) issued responses to the Attorney General's letter refuting his criticisms of the bill. These scholars and organizations noted that current laws surrounding State Secrets allow much room for abuse, and claimed that taking a new approach would not jeopardize security in any manner because each case would be left to the discretion of US courts (who have acted in good faith with regard to national security in the past).
The SSPA legislation was initially proposed in the 110th Congress in response to the government’s assertions of the State Secrets Privilege
in cases challenging the constitutionality of several of the Bush administration’s national security programs, including the warrantless wiretapping, rendition and interrogation programs. Similar legislation was also introduced in the House, , during the 110th Congress.
Leading members of the Senate Judiciary Committee of the 111th Congress have joined together to re-introduce the State Secrets Protection Act, , ("SSPA"), a bill that provides guidance to federal courts considering cases in which the government has asserted the State Secrets Privilege
. Senate Judiciary Committee Chairman Patrick Leahy
(D-Vt.), Ranking Member Arlen Specter
(R-Pa.), and Committee Member Russ Feingold
(D-Wis.) joined with former Committee Chairman and Member Edward Kennedy
(D-Ma.) to introduce the bill on Wednesday, February 11, 2009. Similar legislation, , was also introduced in the House on the same day.
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
, Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
, and Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
on January 22, 2008. Senator Kennedy put out a press release explaining the rationale behind introducing the SSPA.
Hearings were held before the Senate Judiciary Committee on February 13, 2008. On Thursday, April 24, the committee approved the proposed legislation, voting 11-8 to send the bill to the full Senate for consideration.
In a March 31, 2008 letter to Senator Leahy, Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Michael B. Mukasey
Michael B. Mukasey
Michael Bernard Mukasey is a lawyer and former judge who served as the 81st Attorney General of the United States. Mukasey, an American lawyer, was appointed following the resignation of Alberto Gonzales. Mukasey also served for 18 years as a judge of the United States District Court for the...
expressed strong Bush Administration opposition to the legislation, saying in his letter that the bill "would needlessly and improperly interfere with the appropriate constitutional role of both the Judicial and Executive branches in state secrets cases; would alter decades of settled case law; and would likely result in the harmful disclosure of national security information that would not be disclosed under current doctrine."
Numerous scholars and non-governmental organizations (including the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, the Constitution Project
Constitution Project
The Constitution Project is an non-profit think tank in the United States that builds bipartisan consensus on significant constitutional and legal questions. Founded and led by Virginia Sloan, the Constitution Project’s work is divided between two programs: the Rule of Law Program and the Criminal...
, and the Brennan Center for Justice
Brennan Center for Justice
The Brennan Center for Justice at New York University Law School is a non-partisan public policy and law institute that focuses on issues involving democracy and justice...
) issued responses to the Attorney General's letter refuting his criticisms of the bill. These scholars and organizations noted that current laws surrounding State Secrets allow much room for abuse, and claimed that taking a new approach would not jeopardize security in any manner because each case would be left to the discretion of US courts (who have acted in good faith with regard to national security in the past).
The SSPA legislation was initially proposed in the 110th Congress in response to the government’s assertions of the State Secrets Privilege
State Secrets Privilege
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...
in cases challenging the constitutionality of several of the Bush administration’s national security programs, including the warrantless wiretapping, rendition and interrogation programs. Similar legislation was also introduced in the House, , during the 110th Congress.
Leading members of the Senate Judiciary Committee of the 111th Congress have joined together to re-introduce the State Secrets Protection Act, , ("SSPA"), a bill that provides guidance to federal courts considering cases in which the government has asserted the State Secrets Privilege
State Secrets Privilege
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...
. Senate Judiciary Committee Chairman Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
(D-Vt.), Ranking Member Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
(R-Pa.), and Committee Member Russ Feingold
Russ Feingold
Russell Dana "Russ" Feingold is an American politician from the U.S. state of Wisconsin. He served as a Democratic party member of the U.S. Senate from 1993 to 2011. From 1983 to 1993, Feingold was a Wisconsin State Senator representing the 27th District.He is a recipient of the John F...
(D-Wis.) joined with former Committee Chairman and Member Edward Kennedy
Edward Kennedy
Edward Kennedy may refer to:*Ted Kennedy, Edward Moore "Ted" Kennedy , United States Senator from Massachusetts*Edward Kennedy , journalist who first reported the German surrender in World War II*Edward Kennedy, Jr., son of U.S...
(D-Ma.) to introduce the bill on Wednesday, February 11, 2009. Similar legislation, , was also introduced in the House on the same day.
External links
- William G. Weaver & Danielle Escontrias, Origins of the State Secrets Privilege, 68, Feb. 10, 2008, (unpublished manuscript)
- State Secrets PrivilegeState Secrets PrivilegeThe state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...
- Classified Information Procedures ActClassified Information Procedures ActThe Classified Information Procedures Act or , is codified as the third appendix to Title18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation is .-Legislative Revision History:...
- Federal Tort Claims ActFederal Tort Claims ActThe Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...