Download or read book Examining the State Secrets Privilege written by Blair S. Fermin and published by . This book was released on 2018 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy, the public should have the right to know what the government is doing. Secrecy should be the rare exception, reserved for a few cases in which the national security is truly at stake. This book is the hearing before the Committee on the Judiciary, United States Senate that took place on February 13th 2008. While considering the state secrets privileges, assertions of the privilege by the executive branch were examined as well.The state secrets privilege is a common law evidentiary privilege that shields sensitive national security information from disclosure in litigation. The government is the only party that can assert the privilege, and application of the privilege can result in dismissal of civil litigation. The United States Senate, in this book, discuss the importance that courts act as an independent check on the government when it asserts the state secret privilege. It proposes a policy designed to promote a meaningful, independent review.
Download or read book Examining the State Secrets Privilege written by Professor United States Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-16 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the state secrets privilege: protecting national security while preserving accountability: hearing before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, second session, February 13, 2008.
Download or read book Examining the State Secrets Privilege written by United States Congress Senate Committee and published by . This book was released on 2015-02-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book State Secrets Privilege and Other Limits on Litigation Involving Classified Information written by Edward C. Liu and published by DIANE Publishing. This book was released on 2010-03 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the nat. security of the U.S. Contents of this report: (1) U.S. v. Reynolds: Asserting the Privilege; Evaluating the Validity of the Privilege; Effect of a Valid Privilege; (2) Totten v. U.S.: Special Case of Nonjusticiable Contracts for Espionage; (3) Classified Info. Procedures Act and Secret Evidence in Criminal Litigation:Withholding Classified Info. During Discovery; Confrontation Clause and the Use of Secret Evidence at Trial; (4) Legislative Modification of the State Secrets Privilege: Foreign Intell. Surveillance Act; State Secrets Protection Act.
Download or read book Examining the State Secrets Privilege written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2009 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book When Should State Secrets Stay Secret written by Genevieve Lester and published by Cambridge University Press. This book was released on 2015-05-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to popular assumption, the development of stronger oversight mechanisms actually leads to greater secrecy rather than the reverse. When Should State Secrets Stay Secret? examines modern trends in intelligence oversight development by focusing on how American oversight mechanisms combine to bolster an internal security system and thus increase the secrecy of the intelligence enterprise. Genevieve Lester uniquely examines how these oversight mechanisms have developed within all three branches of government, how they interact, and what types of historical pivot points have driven change among them. She disaggregates the concept of accountability into a series of specified criteria in order to grapple with these pivot points. This book concludes with a discussion of a series of normative questions, suggesting ways to improve oversight mechanisms based on the analytical criteria laid out in the analysis. It also includes a chapter on the workings of the CIA to which a number of CIA officers contributed.
Download or read book The State Secrets Privilege and Other Limits on Classified Information written by Jonathon W. Collingsworth and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The State Secrets Privilege is an evidentiary rule created by United States legal precedent. The court is asked to exclude evidence from a legal case based solely on an affidavit submitted by the government stating court proceedings might disclose sensitive information which might endanger national security and military secrets in particular as in the case of United States v. Reynolds, the first case that saw formal recognition of the privilege.
Download or read book Public Secrets written by Ken G. Robertson and published by . This book was released on 1987 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Secrets Privilege and Other Limits on Litigation Involving Classified Information written by Edward C. Liu and published by DIANE Publishing. This book was released on 2010-10 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the national security of the U.S. The Classified Info. Procedures Act provides pretrial procedures that permit a trial judge to rule on questions of admissibility involving classified info. before introduction of the evidence in open court. Contents of this report: (1) U.S. v. Reynolds: The Seminal Case: Asserting the Privilege; (2) Totten v. U.S.: The Special Case of Nonjusticiable Contracts for Espionage; (3) The Classified Info. Procedures Act and Secret Evidence in Criminal Litigation; and (4) Legislative Modification of the State Secrets Privilege.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Claim of Privilege written by Barry Siegel and published by Harper Collins. This book was released on 2008-06-03 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1948, three civilian engineers were killed in an Air Force plane crash while testing secret navigational equipment. The widows filed suit, but the Air Force, at the dawn of the Cold War, refused to hand over accident reports and witness statements, claiming the documents contained classified information that would threaten national security. In 1953 the Supreme Court sided with the Air Force in United States v. Reynolds, formally recognizing the "state secrets" privilege, a legal precedent since used to conceal conduct, withhold documents, block troublesome litigation, and, most recently, detain terror suspects without due process. A half century later, the government revealed the "top-secret" information--there were no national security secrets, but rather a shocking chronicle of negligence. This book tells the story of this shameful incident, and the dangerous consequences of this historic cover-up: the violation of civil liberties and the abuse of constitutional protections.--From publisher description.
Download or read book Bank Examination Privileges written by Eric B. Epstein and published by . This book was released on 2017-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Secret Protection Act of 2009 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Free Course Book for Course 3 Statutory Law and Intelligence 2011 written by and published by David Alan Jordan. This book was released on with total page 2170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Piercing the Veil of Secrecy written by Janine M. Brookner and published by . This book was released on 2003 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piercing the Veil of Secrecy brings together and exposes, for the first time in one publication, the magnitude of adverse actions U.S. intelligence agencies take to control and thwart the legal process and the range of concrete remedies available to confront such tactics. Brookner begins the book with a description of actual CIA employee cases, followed by a discussion of unique problems litigants and lawyers face when suing intelligence agencies, including the misuse of secrecy and national security, intimidation, and the denial of access to relevant evidence and witnesses, notwithstanding a lawyer's and plaintiff's security clearances. Recently, the CIA has invoked the seldom-used state secrets privilege to impede discovery, prevail upon the courts to dismiss cases, and, in effect, grant itself immunity from suits. These problems, as well as sovereign immunity and the various statutes from which the CIA is exempted, are carefully examined. After dealing with what cannot be done, the book devotes itself to what can be done, including legal remedies, which maximize prospects for a favorable outcome. This discussion includes employment discrimination, torts, constitutional violations, employment-related civil conspiracies, and the innovative possibility of suing the government under civil RICO. The final chapter suggests administrative and procedural solutions to the serious inequities with which a litigant is confronted when bringing an action against U.S. intelligence. The book is intended for lawyers and plaintiffs suing or contemplating suing the U.S. government, particularly those agencies that handle classified information. The target audience includes judges, senators, and members of congress who need to be aware when deciding cases or making laws of just how unlevel and unfair the playing field actually is. Government attorneys, law students and professors, and national security, civil rights, and employment rights law groups are among the potential readership as well. "[Brookner] has created a practical resource that draws on her own experiences to help others navigate their way through a system that appears stacked against them... The book contains a good table of authorities for caselaw, statutes, and regulations... Anyone considering a career in U.S. intelligence would be well-advised to read this book; it is a chilling account of the rights that such employees give up, and what they are up against if things go wrong." -- Legal Information ALERT "[B]eneath the legal prose is a passionate indictment of an agency that, Brookner contends, shields its misdeeds with the cloak of national security." -- The Washington Post, March 10, 2004
Download or read book Reclaiming Accountability written by Heidi Kitrosser and published by University of Chicago Press. This book was released on 2015-01-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Download or read book Defending Congress and the Constitution written by Louis Fisher and published by University Press of Kansas. This book was released on 2011-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.
