The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. United States v. Reynolds, which involved military secrets, was the first case that saw formal recognition of the privilege.
Following a claim of "state secrets privilege", the court rarely conducts an in camera examination of the evidence to evaluate whether there is sufficient cause to support the use of this doctrine. This results in court rulings in which even the judge has not verified the veracity of the assertion. The privileged material is completely removed from the litigation, and the court must determine how the unavailability of the privileged information affects the case.
Read more about State Secrets Privilege: Function, Criticism, Calls For Reform, Quotes
Famous quotes containing the words state, secrets and/or privilege:
“The truth is, the whole administration under Roosevelt was demoralized by the system of dealing directly with subordinates. It was obviated in the State Department and the War Department under [Secretary of State Elihu] Root and me [Taft was the Secretary of War], because we simply ignored the interference and went on as we chose.... The subordinates gained nothing by his assumption of authority, but it was not so in the other departments.”
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