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Opinion: Sotomayor hearings: Sometimes secrecy is appropriate, judge says

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Yes, Sonia Sotomayor told the Senate Judiciary Committee, there might be times when secrecy is appropriate in judicial or government proceedings.

The answer was in response to a question by Sen. Russell D. Feingold of Wisconsin, who brought up the Foreign Intelligence Surveillance Act. Or, as Feingold referred to it, “FISA.”

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The act allows the government to conduct electronic surveillance if it obtains an order from a special FISA court. Feingold suggested that secrecy has shrouded the activities of the court and surveillance. And without saying so directly, he criticized surveillance activities under the Bush administration.

Sotomayor did not get into specifics but said that, in such issues, a judge would have to look at the intent of Congress in crafting such legislation.

She also added that there are times when “openness can’t be had for a variety of different reasons.” She cited, for example, the practice of impaneling juries anonymously for their protection. Sometimes, she said, that is necessary.

-- Steve Padilla

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