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 art of living is to function in society without doing violence to one’s own needs or to the needs of others. The art of mothering is to teach the art of living to children.”
—Elaine Heffner (20th century)
“The intension of a proposition comprises whatever the proposition entails: and it includes nothing else.... The connotation or intension of a function comprises all that attribution of this predicate to anything entails as also predicable to that thing.”
—Clarence Lewis (1883–1964)
“Any translation which intends to perform a transmitting function cannot transmit anything but information—hence, something inessential. This is the hallmark of bad translations.”
—Walter Benjamin (1892–1940)