Biden Won't Comment On State Secrets Law He Once Co-Sponsored

from HuffPo: http://www.huffingtonpost.com/2009/04/14/biden-wont-comment-on-sta_n_186707.html


April 14, 2009

THE Vice President's office is declining to weigh in on a bill that would restrict use of the "state secrets privilege" by the Department of Justice, despite the fact that, as a senator, Joe Biden co-sponsored that very piece of legislation.

"No comment on this from here," emailed Jay Carney, the vice president's communications director, when asked for Biden's position on a bill that would limit DOJ's ability to dismiss cases against government officials involved in warrantless wiretapping on grounds that sensitive information would be publicized.

The silence from the Vice President's office comes as the White House, too, has refused to comment on the new version of the legislation, introduced by Sens. Patrick Leahy, Ted Kennedy and Russ Feingold. The administration's general stance, as described by a White House official, has been that the DOJ "is reviewing the state secrets privilege to determine when it should be invoked" -- meaning that a new set of standards could be advocated by the Obama White House irrespective of Congress.


Marc Ambinder, following this story over at the Atlantic, notes that another legal quibble surrounds the power the congressional legislation gives to judges to determine what information constitutes a national security related secret. The Obama White House believes such a task is the function of the executive branch. Whether they have a proper or sufficient claim on this front is subject to constitutional debate. But as Ambinder concludes: "Make no mistake: Obama will be rolling back the spirit, if not the fact, of a campaign promise by opposing this bill." (http://politics.theatlantic.com/2009/04/obamas_coming_clash_with_congress_on_state_secrets.php)

And I imagine Biden is feeling a little frustrated.

I also read recently that Biden did not agree with all aspects of the bank bailout.

But as he said when he became VP if he disagrees with Obama he will let his concerns be known to Obama and in the end will publicly support whatever the President does.