Download or read book Reform of the State Secrets Privilege written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reform of the state secrets privilege : hearing before the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, second session, January 29, 2008.
Download or read book Reform of the State Secrets Privilege 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 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reform of The State Secrets Privilege Serial No 110 74 January 29 2008 110 2 Hearing written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2008* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reform of the State Secrets Privilege 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 2008 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating Secrets written by Sudha Setty and published by . This book was released on 2011 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Article considers the history and use of the state secrets privilege in the United States and the ongoing congressional efforts to reform the use of the privilege. Although numerous articles have addressed the application of the state secrets privilege in the United States, this Article breaks new ground by examining the history and use of the privilege in other nations which confront serious national security threats. This Article considers the modern application the privilege in Scotland, England, Israel and India - an analysis which contextualizes both the current use of the U.S. privilege and the efforts at legislative reform. Such comparative analysis is necessary to fully understand the transnational implications of the U.S. application of the state secrets privilege, which have recently come to light in litigation involving both the United States and England.This Article concludes that domestic reform efforts continue to be necessary to achieve an appropriate application of the privilege which balances national security with the need to preserve the rule of law, individual rights, liberty interests and government accountability. The Article further suggests that reforms should explicitly account for alleged human rights abuses by the government in determining whether a claim of privilege should be upheld.
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 0 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 Reform of the State Secrets Privilege 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 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Reforming the State Secrets Privilege written by and published by . This book was released on 2007 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Secrets Protection Act written by Lara H. Nellington and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ''state secrets privilege'' is a common law rule of evidence that the Federal Government can invoke to prevent materials from being publicly disclosed in civil court proceedings, if the Government establishes that such disclosure would harm the Nation. In the early 1970s, Congress considered including a state secrets provision in the Federal Rules of Evidence, but it ultimately decided not to include any privileges. Although numerous laws govern the handling of classified documents and other information that may implicate state secrets in specific contexts, the state secrets privilege has never been codified in statute
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 State Secrets Protection Act written by U. S. Senate and published by . This book was released on 2012-10-23 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ''state secrets privilege'' is a common law rule of evidence that the Federal Government can invoke to prevent materials from being publicly disclosed in civil court proceedings, if the Governmentestablishes that such disclosure would harm the Nation. In the early 1970s, Congress considered including a state secrets provision in the Federal Rules of Evidence, but it ultimately decidednot to include any privileges.1 Although numerous laws govern the handling of classified documents and other information that may implicate state secrets in specific contexts, the state secrets privilege has never been codified in statute. The Supreme Court addressed the state secrets privilege at length for the first (and last) time in United States v. Reynolds,2 a 1953 tort suit brought by widows of civilian engineers who diedin an Air Force plane crash. The Reynolds decision has been criticized as internally contradictory and excessively deferential to the Executive,3 and commentators dispute the extent to which it is followedby lower courts today.4 Nevertheless, it remains the foundational case on the privilege and the starting point for judicial review of privilege claims. As one commentator describes it, the analyticalframework established in Reynolds comprises several basicprinciples:
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 State Secrets Protection Act of 2008 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 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cheating Justice written by Elizabeth Holtzman and published by Beacon Press. This book was released on 2012-02-07 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the debate continues about impeaching President Trump, whether we're in a full blown Constitutional crisit, and which Trump administration officials should be prosecuted for illegal actions, Cheating Justice serves as useful background for how we got here by examining how the Bush-Cheney administration broke the law—and how the people can bring them to justice. Despite the many misdeeds of and abuses of criminal law by the Bush administration, there has been no accountability. Former U.S. representative Elizabeth Holtzman pairs with lawyer and journalist Cynthia L. Cooper to explain why we can’t “just move on.” They lay bare how the Bush-Cheney administration broke a multitude of laws and betrayed American values, and exactly why and precisely how we, the people, must bring them to justice for their crimes, their cover-ups, and their deceit. Backed by strong evidence gleaned from “astounding”* research, Holtzman and Cooper argue that the Bush administration not only violated various U.S. laws but also changed many laws to escape prosecution for their crimes later. The authors demonstrate how a failure to hold George W. Bush and Dick Cheney accountable would set a dangerous precedent for the future leadership of America. Bush and Cheney deceived Congress and the people to drive us into a war in Iraq; they claimed the right to wiretap illegally and to eavesdrop on citizens; and they authorized torture, upending laws and breaching international treaty obligations. Yet, both Bush and Cheney are boldly unabashed about their offenses. In his memoir, President Bush makes no apologies for his decision to start a war in Iraq, though no weapons of mass destruction, the ostensible reason for the war, were found there. And once out of office, Bush proudly said, “Damn right,” about his approval of waterboarding, a clear violation of the Geneva Conventions and U.S. law. Recent revelations about the extent and depth of their crimes, catalogued in detail here, make the need for accountability imperative. As a member of Congress and part of the committee that investigated and held hearings on the conduct of President Richard Nixon in the Watergate scandal, Elizabeth Holtzman condemns Bush’s adoption of Nixon’s claim that he acted in the interest of national security. Using Watergate-era reforms as a model, Holtzman details the steps necessary to undo the damage that the Bush-Cheney administration inflicted and explains how we can establish new protections to block future presidents from similarly abusing the law. Cheating Justice is not only a call to empower the American people, and a firm insistence that the nation’s leaders are not above the law; it is also a blueprint by one of America’s top legal minds for bringing Bush to justice and protecting the future of our democracy. *Publishers Weekly
Download or read book Legislating the War on Terror written by Benjamin Wittes and published by Rowman & Littlefield. This book was released on 2010-02-01 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
