State Secrets Privilege

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:

    We are living in a demented world. And we know it. It would not come as a surprise to anyone if tomorrow the madness gave way to a frenzy which would leave our poor Europe in a state of distracted stupor, with engines still turning and flags streaming in the breeze, but with the spirit gone.
    Johan Huizinga (1872–1945)

    The face of the water, in time, became a wonderful book—a book that was a dead language to the uneducated passenger, but which told its mind to me without reserve, delivering its most cherished secrets as clearly as if it uttered them with a voice. And it was not a book to be read once and thrown aside, for it had a new story to tell every day.
    Mark Twain [Samuel Langhorne Clemens] (1835–1910)

    Melancholy has ceased to be an individual phenomenon, an exception. It has become the class privilege of the wage earner, a mass state of mind that finds its cause wherever life is governed by production quotas.
    Günther Grass (b. 1927)