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Representative Jerrold Nadler, chairman of the Constitution, Civil Rights and Civil Liberties subcommittee of the House Judiciary committee, held a hearing yesterday to discuss the long-overdue State Secret Protection Act of 2009 (H.R. 984).

Ben Wizner, lawyer for the 老澳门开奖结果, testified at this hearing to argue in favor of the bill, which sets the boundaries for the executive branch鈥檚 use of the state secrets privilege.

The state secrets privilege is a rule in which the government can ask the court to remove certain evidence from a case because the evidence involves a 鈥渟tate secret,鈥� confidential information that, if disclosed, could endanger national security. The Bush administration has utilized this rule more than any other administration in history (), notably during an 老澳门开奖结果 case, Mohamed et al. v. Jeppesen DataPlan. In this case, five men were kidnapped and tortured under the CIA鈥檚 鈥渆xtraordinary rendition鈥� program. And in both cases, the government asked the courts to block the cases completely, claiming that the lawsuits were too confidential and that state secrets could be revealed. In effect, the plaintiffs were not even allowed a trial.

But now the tide is finally turning. In April, the Ninth Circuit Court of Appeals overturned a lower court鈥檚 ruling on the Jeppesen case, noting, in Mr. Wizner鈥檚 words, that 鈥渢he state secrets privilege should be applied to discrete pieces of evidence instead of entire cases.鈥� And at yesterday鈥檚 hearing, most of the members and witnesses agreed with Mr. Nadler鈥檚 statement that 鈥渢he Executive cannot be its own judge.鈥�

Among other things, this bill would make sure that judges do a preliminary review of the supposedly confidential information before coming to a decision. It would provide a consistent procedure for all judges and ensure that the executive branch does not abuse its power.

We fully agree with witness Asa Hutchinson鈥檚 assertion that the executive branch should 鈥渘ot be immune to checks and balances,鈥� as well as Hon. Patricia Wald鈥檚 statement that this 鈥渓egislation is long overdue.鈥� The three branches of government are supposed to be co-equal, and Congress is completely justified in creating legislation that balances the Executive鈥檚 power.

The state secrets privilege, as it is now, is much too broad; the executive branch cannot have complete immunity. This bill will finally help to rein in executive power, and hopefully provide long-overdue justice for Mohamed and others. As Chairman Nadler admirably put it, 鈥渆very right must have a remedy.鈥�