State Secrets Protection Act

A bill to enact a safe, fair, and responsible state secrets privilege Act.

1/22/2008--Introduced.
State Secrets Protection Act - Amends the federal judicial code to:
(1) require a federal court to determine which filings, motions, and affidavits (or portions) submitted under this Act shall be submitted exparte;
(2) allow a federal co more...urt to order a party to provide a redacted, unclassified, or summary substitute of a filing, motion, or affidavit to other parties; and
(3) require a federal court to make decisions under this Act, taking into consideration the interests of justice and national security. Requires any hearing under this Act to be conducted in camera. Prohibits an in camera hearing, however, based on the assertion of the state secrets privilege, if the court determines that the hearing relates only to a question of law and does not present a risk of revealing state secrets. Allows a federal court to conduct hearings (or portions) ex parte if the court determines, following in camera review of the evidence, that the interests of justice and national security cannot adequately be protected through attorney security clearances, protective orders, sealed opinions or orders, and special masters. Authorizes the United States to intervene in any civil action in order to protect information that may be subject to the state secrets privilege. Declares, however, that the state secrets privilege shall not constitute grounds for dismissal of a case or claim. Prescribes procedures for:
(1) determining whether evidence is protected from disclosure by the state secrets privilege; and
(2) when evidence protected by the state secrets privilege is necessary for adjudication of a claim or counterclaim. Grants courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court. Requires the Attorney General within 30 days to report in writing to Congress on any case in which the United States invokes the state secrets privilege. Applies this Act to civil cases pending on or after the enactment of this Act.

Sponsor

• Sen. Edward Kennedy [D, MA]
• and 11 Co-Sponsors
  • Sen. Joseph Biden [D, DE]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Christopher Dodd [D, CT]
  • Sen. Russell Feingold [D, WI]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Claire McCaskill [D, MO]
  • Sen. Robert Menendez [D, NJ]
  • Sen. Charles Schumer [D, NY]
  • Sen. Arlen Specter [R, PA]
  • Sen. Jim Webb [D, VA]
  • Sen. Sheldon Whitehouse [D, RI]
  close

Users Tracking [1]

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Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.2533

Number	Status	Purpose

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Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
January 22, 2008

In the News

April 24, 2008 Committee passes 'State Secrets' bill

That makes the future of the measure, S. 2533, unclear. The Senate has a lot on its plate and little time to get it all done as the calendar becomes ...

Source: Baltimore Sun, United States
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April 24, 2008 ACLU Urges Senate Committee to Pass Strong State Secrets Bill

... vote Senator Kennedy’s bill out of committee and send it to the floor as soon as possible." To read the ACLU’s letter to the Committee on S. 2533, go to:

Source: ACLU (press release), NY
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January 25, 2008 US Gov't (suprise) Overstates Secrets

... whether information is covered by the state secrets privilege." Senator Kennedy introduced the State Secrets Protection Act (S. 2533) on January 22.

Source: Gather.com, MA
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Blog Coverage

April 25, 2008 Senate Judiciary Panel Passes “State Secrets Protection Act”

On April 24, 2008, the Senate Judiciary Committee, by a vote of 11-8, voted to approve S. 2533, the “State Secrets Protection Act.” The state secrets privilege allows the executive branch to block discovery in civil litigation when the ...

Source: National Coalition for History
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April 24, 2008 State Secrets Finally Gets Some Spotlight with the Senate

We have an excellent backgrounder on the State Secrets privilege, and you can learn more about the Rahman case on the ACLU of Illinois' website. Urge your senators to support S. 2533. Without it, the courthouse doors will continue to be ...

Source: ACLU Blog
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April 24, 2008 Committee passes 'State Secrets' bill

That makes the future of the measure, S. 2533, unclear. The Senate has a lot on its plate and little time to get it all done as the calendar becomes increasingly dominated by elections in the fall. Read the Wikipedia entry on the State ...

Source: The Swamp
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