State secrets

The question and legitimacy of [the] state secrets [privilege] was debated in the course of the Constitutional Convention and has been invoked by executives at least as early as the Jefferson administration. But roughly 90% of all invocations of state secrecy in court proceedings have occurred in the last eight years, a clear sign that something is terribly wrong in the Department of Justice.

More at the Dish.

Update: Even more at the Dish.

Ambinder:

My informed guess is that the Obama Administration will find cases to revoke the privilege's assertion. They will do so publicly and with great fanfare. They will simultaneously announce a new set of restrictions on when and how the privilege should be invoked. They will do so on their own timetable (to the extent that the courts don't force their hands), and they will do so in conjunction with the broader ideal of reconciliation and accountability. They're just not ready to do so 22 days in, and the particulars of this case weren't, in any case, ideal for them.