In September 2009 Attorney General Holder announced a new State Secrets policy that we and others in the openness and accountability community welcomed as an important step towards placing some much needed checks and balances on the use of the privilege. Even as we cheered the announcement, though, we noted that critical questions remained about how the policy would be implemented and judicial review of claims was still necessary. More than two years into the policy's implementation, we are beginning to get a sense of some of those answers. And it does not look good for open and accountable government.