Justice Dept. to limit state secret claims

WASHINGTON, Sept. 23 (UPI) -- New procedures to limit the claim of state secrets privilege in court proceedings will take effect Oct. 1, U.S. Attorney General Eric Holder said Wednesday.

The policy establishes "clear procedures that will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible," Holder said in a memorandum.

Asserting state secrets privilege for national security reasons was a bone of contention over the use of executive power and secrecy during the administration of President George W. Bush

Among other things, the policy sets up a review committee of senior Justice Department officials that will evaluate requests by military or spy agencies to invoke the privilege and make recommendations up the chain to the attorney general, who will make a final determination.

The new procedures also narrowly tailor use of the states secrets privilege, when possible, "to allow cases to move forward in the event that the sensitive information at issue is not critical to the case," the Justice Department said in a release. As part of the new procedures, the department committed not to invoke state secrets to conceal wrongdoing or to avoid embarrassment.

"This policy is an important step toward rebuilding the public's trust in the government's use of this privilege while recognizing the imperative need to protect national security," Holder said

Democratic lawmakers in the House and the Senate have filed bills that would restrict how the privilege could be used.