From Secrecy News:
The Department of Justice yesterday released its long-awaited new policy on the state secrets privilege, which the government uses in litigation to withhold evidence when it believes that disclosure would harm national security. The new policy, presented in a memorandum from the Attorney General, includes procedural and substantive changes to current practice. But it reserves decisions over the exercise of the privilege to the executive branch, and it appears to have garbled its treatment of judicial review.
See “Policies and Procedures Governing Invocation of the State Secrets Privilege” (pdf), memorandum from the Attorney General, September 23.