Function
The purpose of the state secrets privilege is to prevent courts from revealing state secrets in the course of civil litigation (in criminal cases, the Classified Information Procedures Act serves the same purpose). The government may intervene in any civil suit, including when it is not a party to the litigation, to ask the court to exclude state secrets evidence. While the courts may examine such evidence closely, in practice they generally defer to the Executive Branch. Once the court has agreed that evidence is subject to the state secrets privilege, it is excluded from the litigation. Often, as a practical matter, the plaintiff cannot continue the suit without the privileged information, and drops the case. Recently, courts have been more inclined to dismiss cases outright, if the subject matter of the case is a state secret.
Read more about this topic: State Secrets Privilege
Famous quotes containing the word function:
“The fact remains that the human being in early childhood learns to consider one or the other aspect of bodily function as evil, shameful, or unsafe. There is not a culture which does not use a combination of these devils to develop, by way of counterpoint, its own style of faith, pride, certainty, and initiative.”
—Erik H. Erikson (1904–1994)
“Of all the inhabitants of the inferno, none but Lucifer knows that hell is hell, and the secret function of purgatory is to make of heaven an effective reality.”
—Arnold Bennett (1867–1931)
““... The state’s one function is to give.
The bud must bloom till blowsy blown
Its petals loosen and are strown;
And that’s a fate it can’t evade
Unless ‘twould rather wilt than fade.””
—Robert Frost (1874–1963)