State Secrets Protection Act

State Secrets Protection Act

The State Secrets Protection Act, S. 2533, (SSPA) was put before the Senate by Senators Kennedy, Leahy, and Specter on January 22, 2008. [cite web
url=http://thomas.loc.gov/cgi-bin/query/z?c110:S.2533:
title=State Secrets Protection Act (Introduced in Senate)
publisher=The Library of Congress
date=2008-01-22
accessdate=2008-04-03
] Senator Kennedy put out a press release explaining the rationale behind introducing the SSPA. [cite web
url=http://kennedy.senate.gov/newsroom/press_release.cfm?id=C56BD1D0-7AD3-46EA-9D30-A77317F28B70
title=Senator Kennedy's Press Release for the Introduction of the State Secrets Protection Act
publisher=Senator Ted Kennedy
date=2008-01-22
accessdate=2008-04-03
] Hearings were held before the Senate Judiciary Committee on February 13, 2008. [cite web
url=http://judiciary.senate.gov/hearing.cfm?id=3091
title=Examining the State Secrets Privilege: Protecting National Security While Preserving Accountability
publisher= Senate Judiciary Committee
date=2008-02-13
accessdate=2008-04-03
] On Thursday, April 24, the committee approved the proposed legislation, voting 11-8 to send the bill to the full Senate for consideration, although no final vote is expected in 2008 because of a threatened veto by President Bush. [cite web
url=http://jurist.law.pitt.edu/paperchase/2008/04/senate-judiciary-panel-advances-bill.php
title=Senate judiciary panel advances bill curbing state secrets privilege
last=Shawl
first=Jeannie
publisher=JURIST Legal News and Research
date=2008-04-26
accessdate=2008-04-29
]

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." [cite web
url=http://www.usdoj.gov/ola/views-letters/110-2/03-31-08-ag-ltr-re-s2533-state-secrets.pdf
title=Letter to Sen. Patrick J. Leahy
last=Mukasey
first=Michael
publisher=United States Department of Justice
date=2008-03-31
accessdate=2008-04-08
]

Numerous scholars and non-governmental organizations issued responses to the Attorney General's letter refuting his criticisms of the bill.

The SSPA is a legislative response to the State Secrets Privilege.

References


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