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 function of the actor is to make the audience imagine for the moment that real things are happening to real people.”
—George Bernard Shaw (1856–1950)
“Think of the tools in a tool-box: there is a hammer, pliers, a saw, a screwdriver, a rule, a glue-pot, nails and screws.—The function of words are as diverse as the functions of these objects.”
—Ludwig Wittgenstein (1889–1951)
“It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.”
—Robert H. [Houghwout] Jackson (1892–1954)