The Two Views on Using State Secrets Privilege

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Attorney General Michael Mukasey told the Senate Judiciary Committee in a letter that the proposal legislation to limit the administration’s use of the state secrets privilege “would needlessly and improperly interfere with the appropriate constitutional role of both the Judicial and Executive branches.” Sen. Ted Kennedy, sponsor of one of the bills, fired back with a review by constitutional scholar Louis Fisher, who wrote, “The Constitution has been interpreted in that manner at times … but never successfully.” (4/3/08)