State Secrets Privilege and Other Limits on Litigation Involving Classified Information PDF Download
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Author: Edward C. Liu
Publisher: DIANE Publishing
ISBN: 1437928021
Category : Computers
Languages : en
Pages : 23
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Book Description
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.
Author: Edward C. Liu
Publisher: DIANE Publishing
ISBN: 1437928021
Category : Computers
Languages : en
Pages : 23
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Book Description
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.
Author: Congressional Research Service: The Libr
Publisher: BiblioGov
ISBN: 9781295245246
Category :
Languages : en
Pages : 26
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Book Description
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 ...
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: Jonathon W. Collingsworth
Publisher:
ISBN: 9781608769674
Category : Government information
Languages : en
Pages : 0
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Book Description
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.
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
ISBN: 9781541389793
Category :
Languages : en
Pages : 50
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Book Description
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.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 196
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Book Description
Author: Edward C. Liu
Publisher: DIANE Publishing
ISBN: 1437919626
Category : Law
Languages : en
Pages : 23
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Book Description
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.
Author: Lara H. Nellington
Publisher:
ISBN: 9781606927113
Category : Executive privilege (Government information)
Languages : en
Pages : 0
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Book Description
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
Author: Robert Timothy Reagan
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 44
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Book Description
Author: U. S. Senate
Publisher:
ISBN: 9781480150775
Category :
Languages : en
Pages : 54
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Book Description
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:
