NYT editorial: Whose Privilege?

In the name of fighting terrorism — and with a clear goal of avoiding accountability — the Bush administration has imposed a level of secrecy on its operations that has no place in a democracy.

One of its most disturbing tactics has been seeking early dismissal of lawsuits alleging serious government misconduct, claiming they would reveal national security secrets. The Senate is now considering a good bill that would rein in this misuse of the state secrets privilege and give victims fair access to the courts and the public a fuller understanding of their government’s actions.

In recent years, a number of important lawsuits have raised credible allegations of government abuses including torture, kidnapping, rendition and domestic eavesdropping. All too often, judges have blocked these suits without examining how and why going forward would compromise the nation’s security.

Congress has also been far too acquiescent, standing aside as the administration undermined individual rights and the constitutional system of checks and balances. It may finally be ready to act.

Next week, the Senate Judiciary Committee is scheduled to vote on the State Secrets Protection Act. Introduced by Senators Edward Kennedy, Democrat of Massachusetts, and Arlen Specter, Republican of Pennsylvania, it would make it harder for this or future administrations to use a flimsy state secrets claim to avoid exposure of illegal or embarrassing conduct.

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