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
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Famous quotes containing the words privilege, state and/or secrets:
“There is the falsely mystical view of art that assumes a kind of supernatural inspiration, a possession by universal forces unrelated to questions of power and privilege or the artist’s relation to bread and blood. In this view, the channel of art can only become clogged and misdirected by the artist’s concern with merely temporary and local disturbances. The song is higher than the struggle.”
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“You will pardon some obscurities, for there are more secrets in my trade than in most men’s, and yet not voluntarily kept, but inseparable from its very nature. I would gladly tell all that I know about it, and never paint “No Admittance” on my gate.”
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