Judge: Courts too deferential on classified information

Submitted by Anonymous (not verified) on Mon, 05/13/2013 - 2:16pm

From Politico:  Federal courts are "far too deferential" to the executive branch's claims that information classified on national security grounds and shouldn't be released to the public, a prominent federal judge said Monday.

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According to the text, judges are supposed to make a "de novo" determination whether information is "in fact properly classified." However, most have taken that to mean primarily considering whether the mechanics of the classification process were followed. By an large, judges do not delved into whether the reasons for classifying the information were legitimate or they accept any plausible reason. Some appeals courts have endorsed such a hands-off approach to that issue, though some judges have occasionally ruled classification decisions to be improper.