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April 03, 2009


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"The Bush Administration especially increased the number of state secrets claims and the aggressiveness of those claims, asking courts to dismiss many more cases outright rather than only asking to exclude evidence."

Actually, given the seriousness of this issue and consequences for litigants, it should be debated on the basis of empirically demonstrable facts, rather than relying on the unsubstantiated Code Pink/Moveon.org/MSNBC talking point.

As Professor Bobby Chesney has shown by reviewing the cases where the privilege is asserted, claims that the Bush administration used the privilege in unprecedented contexts or in search of unprecedented forms of relief do not withstand scrutiny. See his GW Law Rvw article on the topic or Testimony to the Senate Judiciary Committee.

Also, one other quick correction, Arar was deported, he was not rendered.

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