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 Indian attitude toward the land was expressed by a Crow named Curly: “The soil you see is not ordinary soil—it is the dust of the blood, the flesh, and the bones of our ancestors. You will have to dig down to find Nature’s earth, for the upper portion is Crow, my blood and my dead. I do not want to give it up.””
—For the State of Montana, U.S. public relief program. Montana: A State Guide Book (The WPA Guide to Montana)
“As long as you don’t fly openly in the face of society, society doesn’t ask any inconvenient questions; and it makes precious short work of the cads who do. There are no secrets better kept than the secrets everybody guesses.”
—George Bernard Shaw (1856–1950)
“I read, with a kind of hopeless envy, histories and legends of people of our craft who “do not write for money.” It must be a pleasant experience to be able to cultivate so delicate a class of motives for the privilege of doing one’s best to express one’s thoughts to people who care for them. Personally, I have yet to breathe the ether of such a transcendent sphere. I am proud to say that I have always been a working woman, and always had to be ...”
—Elizabeth Stuart Phelps (1844–1911)