Aziz Huq and the State Secrets Privilege
Aziz Huq, director of the Brennan Center for Justice's liberty and national security project, wrote recently about the state secrets privilege in The Hill's Congress Blog. He said:
The “state secrets” privilege does not merely entail that those harmed by reckless or foolish security policy are deprived of a day in court. When a plaintiff cannot air evidence in his own custody of government wrongdoing in court, the public also loses a constitutionally mandated avenue for testing their government’s claims to be acting lawfully and in line with the nation’s best interests. One of the Constitution’s two devices for systemic executive accountability—the other being congressional oversight—expires.
ACS is hosting a conference this Friday on Capitol Hill on the state secrets privilege, where Aziz Huq is scheduled to be joined by Justin Florence, Fellow, Georgetown Center for National Security and Law; Richard Samp, Chief Counsel, Washington Legal Foundation; Michael Vatis, Partner, Steptoe & Johnson LLP, former Director of the National Infrastructure Protection Center at the FBI and Special Counsel at the Department of Defense; Ben Wizner, Staff Attorney, American Civil Liberties Union; and Jonathan Turley, Professor of Law, The George Washington University Law School, who will moderate the event.
ACS will make available video from the event.