Home : National Security : Freedom of Information/Government Secrets

ACLU Commends Senator Feingold for Hearing on Secret Law (04/30/2008)
Washington, DC – The American Civil Liberties Union today applauded a Senate subcommittee for holding a hearing on the Bush administration’s use of secrecy to institute government policy. During the hearing, entitled “Secret Law and the Threat to Democratic and Accountable Government,” the Senate Judiciary Subcommittee on the Constitution and its chairman, Senator Russell Feingold (D-WI), heard testimony from legal experts and open government advocates. The hearing focused on the administration’s broad interpretation of the law as it relates to government secrecy and counterterrorism policies – including a legal opinion written by former Justice Department Official John Yoo on the use of torture in interrogations. That memo was made public through a Freedom of Information Act (FOIA) request made by the ACLU.

ACLU Lauds Introduction of House State Secrets Bill (03/13/2008)
Washington, DC – Legislation introduced today may give a much-needed reprieve to those who have sued the government and encountered the state secrets privilege. The legislation, introduced by Congressman Jerrold Nadler (D-NY), would establish appropriate limits on the use of the state secrets privilege. The Bush administration has misused the privilege to halt several important lawsuits against the government, including an ACLU case involving the extraordinary rendition of an innocent German citizen, Khaled El-Masri. Similar legislation has been introduced in the Senate by Senator Edward Kennedy (D-MA).

ACLU Slams FBI Privacy Violations (03/05/2008)
Washington, DC – In testimony today before the Senate Judiciary Committee, FBI Director Robert Mueller confirmed the misuse of National Security Letters (NSLs) – which allow for the collection of personal information without court approval – to secure Americans’ personal information during FBI investigations. A report from the Office of the Inspector General on the FBI’s use of NSLs is expected soon, though it was due in December of last year.

State Secrets Privilege Dangerously Overbroad (02/13/2008)
Washington, DC – Today the Senate Judiciary Committee convened to hear testimony on an evidentiary rule known as the state secret privilege. Committee member Senator Edward Kennedy (D-MA) introduced legislation last month to narrow the scope of the privilege. During the Bush administration, the state secrets privilege has been increasingly and improperly used as a shield to prevent investigation into executive branch misconduct. The most notable invocation of the privilege was to stall the case of an innocent German citizen, Khaled El-Masri, who was kidnapped, detained and tortured in a secret overseas prison. His suit against the government was stalled after the administration invoked the privilege.

ACLU Welcomes Proposed State Secrets Fix, Applauds Senator Kennedy for Introduction of Legislation (01/22/2008)
Washington, DC – The Bush Administration may soon have one less tool in its chest to stymie legitimate cases that might expose government misconduct. Today, Senator Edward Kennedy (D-MA), introduced legislation aimed at narrowing the scope of the state secrets privilege – a huge step towards opening the courthouse doors to people who have suffered real and legitimate harm by the government. Several important suits, including one involving the extraordinary rendition of a German citizen, Khaled El-Masri, have been successfully blocked by this administration’s use of the state secrets privilege.

ACLU v. Department of Defense - Complaint (09/04/2007)
A lawsuit against the Department of Defense (DoD) demanding that it comply with a Freedom of Information Act request to release documents regarding civilians killed by coalition forces in Iraq and Afghanistan.

ACLU of PA Complaint in Coalition of Veterans Advocates v. Department of Veterans Affairs (07/13/2005)

FOIA Letter Regarding Exclusion of Foreign Nationals (03/16/2005)

Decision in ACLU v. US Department of Justice (05/20/2003)

Government's Response to ACLU's FOIA Request (12MB) (01/17/2003)

ACLU Letter to the Senate Judiciary Committee Responding to Attorney General Mukasey's Stance on S. 2433, "State Secrets Protection Act" (04/03/2008)

ACLU Statement to the Senate Judiciary Committee on the State Secrets Privilege (02/13/2008)

Statement of Anthony D. Romero, Executive Director, American Civil Liberties Union, on the Freedom of Information Act Before the House Government Reform and Oversight Subcommittee on Information Policy, Census, and National Archives (02/14/2007)

Testimony of ACLU Washington Legislative Office Director, Caroline Fredrickson, Before the Privacy and Civil Liberties Oversight Board (12/05/2006)

ACLU Letter To United States Senate Endorsing S. 589, The Faster FOIA Act of 2005 (06/15/2005)