Secret Evidence is Slowly Eroding the Adversary System: CIPA and FISA in the Courts

The Bush administration is reportedly the most secretive in United States history. The unprecedented scope of secrecy in intelligence gathering, detentions, decision-making, data collection, and legislative implementation has recently received public scrutiny. Often justified as essential to preserve national security, enhanced secrecy is a steady evisceration of the transparency and accountability essential to a functioning democracy.

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