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: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Jennifer Elsea
Publisher:
ISBN:
Category : Government information
Languages : en
Pages : 17
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Book Description
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).
Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Category : Law
Languages : en
Pages : 186
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Book Description
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.
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
ISBN: 9781542377966
Category :
Languages : en
Pages : 268
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Freedom of information
Languages : en
Pages : 1146
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Book Description
Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944
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Book Description
Author: Robert M. Pallitto
Publisher: Johns Hopkins University Press+ORM
ISBN: 0801892104
Category : Political Science
Languages : en
Pages : 412
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Book Description
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
Author: United States. Department of Justice. Privacy and Civil Liberties Office
Publisher: Office of Information & Privacy
ISBN:
Category : Law
Languages : en
Pages : 336
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Book Description
2012 edition. Issued biennially. Contains a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Author: James E. Baker
Publisher: Cambridge University Press
ISBN: 113946518X
Category : Political Science
Languages : en
Pages : 405
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Book Description
The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.
