From OMB Watch:
On Sept. 23, the Justice Department released a new policy on use of the state secrets privilege. The policy, which parallels several related recommendations from the Moving Toward a 21st Century Right-to-Know Agenda, will be implemented on Oct. 1. The long-expected announcement drew mixed reactions from public interest groups, ranging from support to criticism that the policy offers little more than a rehash of the heavily criticized policies of the Bush administration.
Since the Obama administration took power, public access advocates have been vocally disappointed with the lack of change in the use of state secrets claims in court. Over the course of several months, the Obama administration has repeatedly reaffirmed the Bush administration’s claims of state secrets in several cases. This has happened despite repeated promises to reform the use of the privilege, as well as June comments by Attorney General Eric Holder that a new policy was imminent.
However, some advocates say the administration took a sizable step toward delivering on its campaign promises with the new policy that establishes several new internal checks and balances over the use of state secrets. At the same time, even supporters of the administration’s actions acknowledge that the new provisions should only serve as a first step.