"It will shatter all trust in the American justice system," Gnijdic said, charging that the United States expects every other nation to act responsibly, but refuses to take responsibility for its own actions.
Conservative legal scholar Douglas Kmiec said the Bush White House uses the doctrine too broadly. "The notion that state secrets can't be preserved by a judge who has taken an oath to protect the Constitution, that a judge cannot examine the strength of the claim is too troubling to be accepted," said Kmiec, a law professor at Pepperdine University.
"What happened to him was lawless," Shapiro said, "You allow the government to essentially prevent the courts from ever independently reviewing the legality of the government's conduct."
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