Feingold Blasts Obama on State Secrets Privilege

By Keith Perine | April 28, 2009 10:29 AM | | Comments (0)

feingold.jpgDemocratic Sen. Russ Feingold today criticized the Obama administration's use of the state secrets privilege to shield its predecessor's controversial counterterrorism policies from public scrutiny.

The Justice Department has invoked the privilege in three court cases since Obama took office -- two that concern Bush's warrantless surveillance of U.S. citizens and one against a company that allegedly helped the CIA send detainees to other countries to be tortured, a practice known as "rendition."

The Wisconsin senator issued a report card grading Obama on "restoring the rule of law." Obama got fairly good grades in some areas -- but earned a "D" on state secrets.

Feingold said he was troubled by "the repeated assertion of the state secrets privilege in litigation in a way that seems reminiscent of the Bush administration." He said the administration "should get behind" pending legislation that would circumscribe the privilege.

Feingold said he has raised the issue with the administration, but so far hasn't gotten a "detailed response."

The 9th Circuit ruled Tuesday against the Obama administration's assertion of the state secrets privilege in the rendition case.

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