Supreme Court Is Asked to Hear a Case on Government Secrecy

The Center for National Security Studies has asked the Supreme Court to decide whether the government rightfully kept secret the names of individuals arrested after September 11. The United States Circuit Court for the District of Columbia ruled earlier this year (See Secrecy Wins in Court, But Excesses Exposed, Watcher, 6/30/03) that the courts should defer to the executive branch when intelligence agencies invoke national security to justify government secrecy. At issue was the government’s refusal to release the names of those detained in government investigations. The government claims that releasing the names, which had been requested by the Center for National Security Studies and numerous press groups under the Freedom of Information Act, would have undermined ongoing investigations of planned terrorist attacks.
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