One of the ways that the Bush administration tried to avoid accountability for its serious misconduct in the name of fighting terrorism was the misuse of an evidentiary rule called the state secrets privilege. The Obama administration has essentially embraced the Bush approach in existing cases, trying to toss out important lawsuits alleging kidnapping, torture and unlawful wiretapping without any evidence being presented.

The other day, Attorney General Eric Holder, Jr., issued new guidelines for invoking the state secrets privilege in the future. They were a positive step forward, on paper, but did not go nearly far enough. Mr. Holder’s much-anticipated reform plan does not include any shift in the Obama administration’s demand for blanket secrecy in pending cases. Nor does it include support for legislation that would mandate thorough court review of state secrets claims made by the executive branch.

The rules, which replace a less formal set of procedures used during the Bush years, establish a high-level review process at the Justice Department before a privilege claim may be invoked in court. Executive agencies will have to persuade a Justice Department committee that disclosure of information would risk “significant harm” to national security.

The new rules instruct the Justice Department to look for ways to avoid shutting down an entire lawsuit and to reject privilege requests motivated by a desire to “conceal violations of the law, inefficiency or administrative error” or to “prevent embarrassment.” The rules sensibly give the attorney general the responsibility to sign off on all state secrets claims.