Earlier this week, the U.S. Court of Appeals rebuffed the Justice Department’s assertion of the state secrets doctrine in an effort to dismiss a lawsuit against a company that allegedly facilitated the CIA’s extraordinary rendition of several individuals. The decision in Mohamed et al v Jeppesen Dataplan, Inc. is here.
Last night, President Obama indicated an intention to revisit the state secrets doctrine and narrow is application. In response to a question at his press conference, Obama said:
I actually think that the state secret doctrine should be modified. I think right how it