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 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 Keeping Government Secrets written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2017-01-01 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As courts adjudicate cases involving classified information, they must protect government secrets. The Classified Information Procedures Act (CIPA) provides procedures for protecting classified information in criminal prosecutions. Similar procedures are used in civil cases. The courts are assisted in their protection of government secrets by classified information security officers provided by a small office in the Department of Justice's Management Division called the Litigation Security Group.
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 Protecting Classified Information CI and the Rights of Criminal Defendants written by Edward C. Liu and published by DIANE Publishing. This book was released on 2011-08 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: A criminal prosecution involving CI may cause tension between the government¿s interest in protecting CI and the criminal defendant¿s right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose CI in an effort to gain leverage. Concerns about this practice, referred to as ¿graymail,¿ led Congress to enact the Classified Info. Procedures Act (CIPA) to provide uniform procedures for prosecutions involving CI. Contents of this report: Background; The CIPA: Pretrial Conferences, Required Notice, and Appeals; Protective Orders and Security Clearances; Discovery: Brady and Jencks Material; Depositions; Admissibility of CI: Substitutions; Confrontation Clause and the Silent Witness Rule. A print on demand report.
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 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 United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of Classified Information written by Jennifer Elsea and published by . This book was released on 2012 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of secret information by WikiLeaks and multiple media outlets, followed by news coverage of leaks involving high-profile national security operations, has heightened interest in the legal framework that governs security classification and declassification, access to classified information, agency procedures for preventing and responding to unauthorized disclosures, and penalties for improper disclosure. Classification authority generally rests with the executive branch, although Congress has enacted legislation regarding the protection of certain sensitive information. While the Supreme Court has stated that the President has inherent constitutional authority to control access to sensitive information relating to the national defense or to foreign affairs, no court has found that Congress is without authority to legislate in this area. This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and legislation currently before Congress (S. 3454).
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 Not a Suicide Pact written by Richard A. Posner and published by Oxford University Press. This book was released on 2006-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Security Case Studies written by Federal Judicial Federal Judicial Center and published by Createspace Independent Publishing Platform. This book was released on 2017-01-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: National security cases often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys contacts with their clients may be diminished; other challenges may present themselves. The purpose of this Federal Judicial Center resource is to assemble methods federal judges have employed to meet these challenges so that judges facing the challenges can learn from their colleagues experiences. These case studies include background factual information about a selection of national security cases as well as descriptions of the judges challenges and solutions. The information presented is based on a review of case files and news media accounts and on interviews with the judges.
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 Foundations of Homeland Security written by Martin J. Alperen and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the complete guide to understanding the structure of homeland security – its underlying law and policy. Created from a broad and in depth, yet edited collection of statutes, policy papers, presidential directives, and other documents, it cultivates a detailed understanding of the foundations of homeland security. It is arranged in a topic-by-topic format structured to include only the documents and statues that affect a particular subject, making for much easier understanding. Thus, the chapter on FEMA contains only the portions of the statutes and other documents that relate to FEMA. There are twenty-five topic areas. It contains hundreds of end notes, references, and suggestions for further study. This book offers important legal guidance that students, law enforcement officers, lawyers, and other homeland security professionals need to accurately interpret, understand, and apply homeland security policy. The Introduction provides an in-depth overview of the subject of homeland security and includes a discussion of what is homeland security, definitions of homeland security and terrorism, what is homeland security law, its development, and what is a homeland security curriculum. There are contributing chapters about homeland security in Europe, and homeland security in China and Japan.
Download or read book Freedom of Information Act Guide written by and published by . This book was released on with total page 1154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Presidential Secrecy and the Law written by Robert M. Pallitto and published by Johns Hopkins University Press+ORM. This book was released on 2007-05-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A look at how U.S. presidents from Truman to George W. Bush employed secrecy and how it has affected the presidency and the American government. State secrets, warrantless investigations and wiretaps, signing statements, executive privilege?the executive branch wields many tools for secrecy. Since the middle of the twentieth century, presidents have used myriad tactics to expand and maintain a level of executive branch power unprecedented in this nation’s history. Most people believe that some degree of governmental secrecy is necessary. But how much is too much? At what point does withholding information from Congress, the courts, and citizens abuse the public trust? How does the nation reclaim rights that have been controlled by one branch of government? With Presidential Secrecy and the Law, Robert M. Pallitto and William G. Weaver attempt to answer these questions by examining the history of executive branch efforts to consolidate power through information control. They find the nation’s democracy damaged and its Constitution corrupted by staunch information suppression, a process accelerated when “black sites,” “enemy combatants,” and “ghost detainees” were added to the vernacular following the September 11, 2001, terror strikes. Tracing the current constitutional dilemma from the days of the imperial presidency to the unitary executive embraced by the administration of George W. Bush, Pallitto and Weaver reveal an alarming erosion of the balance of power. Presidential Secrecy and the Law will be the standard in presidential powers studies for years to come. “The well-organized and clearly written book illustrates the way the president’s use of document classification and state-secrets privilege to solidify presidential control are reinforced by legal decisions sympathetic to presidential power.” —Chronicle of Higher Education
