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:
“One usually dies because one is alone, or because one has got into something over one’s head. One often dies because one does not have the right alliances, because one is not given support. In Sicily the Mafia kills the servants of the State that the State has not been able to protect.”
—Giovanni Falcone (1939–1992)
“The old—like children—talk to themselves, for they have reached that hopeless wisdom of experience which knows that though one were to cry it in the streets to multitudes, or whisper it in the kiss to one’s beloved, the only ears that can ever hear one’s secrets are one’s own!”
—Eugene O’Neill (1888–1953)
“If there is a price to pay for the privilege of spending the early years of child rearing in the driver’s seat, it is our reluctance, our inability, to tolerate being demoted to the backseat. Spurred by our success in programming our children during the preschool years, we may find it difficult to forgo in later states the level of control that once afforded us so much satisfaction.”
—Melinda M. Marshall (20th century)