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 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 Crs Report for Congress written by Congressional Research Service: The Libr and published by BiblioGov. This book was released on 2013-11 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state secrets privilege is a judicially created evidentiary privilege that allows the government to resist court-ordered disclosure of information during litigation, if there is a reasonable danger that such disclosure would harm the national security of the United States. The Supreme Court first described the modern analytical framework of the state secrets privilege in the 1953 case of United States v. Reynolds. In its opinion, the Court laid out a two-step procedure to be used when evaluating a claim of privilege to protect state secrets. First, there must be a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer. Second, a court must independently determine whether the circumstances are appropriate for the claim of privilege, and yet do so without forcing a disclosure of the very thing the privilege is designed to protect. If the privilege is appropriately invoked, it is absolute and the disclosure of the underlying information cannot be compelled by the court. The Classified Information Procedures Act (CIPA) provides pretrial procedures that permit a trial judge to rule on questions of admissibility involving classified information before introduction of the evidence in ...
Download or read book The State Secrets Privilege and Other Limits on Litigation Involving Classified Information written by and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Air Force refused to provide the documents to the court, the district court ruled in favor of the plaintiffs on the issue of negligence; the court of appeals subsequently affirmed the district court's ruling.12 The Supreme Court reversed. [...] With respect to the facts at hand, the Court noted that the Secretary of the Air Force had filed a formal assertion of the privilege, and that there was a reasonable danger "that the accident investigation report would contain references to the secret electronic equipment which was the primary concern of the mission." Id. [...] In Reynolds, the Court noted that the necessity of the underlying information to the litigation will determine "how far the court should probe in satisfying itself that the occasion for invoking the privilege is appropriate."22 In the case of Reynolds, the Court noted that the Air Force had offered to make the surviving crew members available for examination by the plaintiffs.23 Because of this al [...] Therefore, because "the very subject matter of [the] action is a state secret,"35 the court was required to dismiss the suit upon the successful invocation of the privilege by the government.36 In contrast, the Ninth Circuit held that the state secrets privilege only excluded privileged evidence from discovery or admission at trial, and did not require the dismissal of the complaint at the pleadin [...] This rule was first enunciated in Totten v. United States, in which the Supreme Court dismissed a breach of contract claim brought against the government by the estate of a former Civil War spy for the Union.39 The Court dismissed the claim noting that "public policy forbids the maintenance of any suit in a court of justice, the trial of which would inevitably lead to the disclosure of matters whi.
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 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 Keeping Government Secrets written by Robert Timothy Reagan and published by . This book was released on 2013 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 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 The State Secrets Privilege written by Todd Garvey and published by . This book was released on 2011 with total page 17 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: Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.
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 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:
