The Secrecy News Blog, published by the Federation of American Scientists, notes that Attorney General Eric Holder has made some promising statements on the
“„I will review significant pending cases in which DOJ has invoked the state secrets privilege, and will work with leaders in other agencies and professionals at the Department of Justice to ensure that the United States invokes the state secrets privilege only in legally appropriate situations.
“„I firmly believe that transparency is a key to good government. Openness allows the public to have faith that its government obeys the law.
“„“Once the new Assistant Attorney General in charge of the Office of Legal Counsel is confirmed, I plan to instruct that official to review the OLC’s policies relating to publication of its opinions with the [objective] of making its opinions available to the maximum extent consistent with sound practice and competing concerns.”
“„Releasing the memos would [...] signal to Americans, and to the world, that you intend to turn the page on an era in which the OLC served not as a source of objective legal advice but as a facilitator for the executive’s lawless conduct.