The Resource The state secrets privilege and other limits on litigation involving classified information, Edward C. Liu

The state secrets privilege and other limits on litigation involving classified information, Edward C. Liu

Label
The state secrets privilege and other limits on litigation involving classified information
Title
The state secrets privilege and other limits on litigation involving classified information
Statement of responsibility
Edward C. Liu
Creator
Contributor
Subject
Language
eng
Summary
  • This report is intended to provide an overview of the protections afforded by the state secrets privilege. Although it is primarily a construct of the judiciary, Congress has previously enacted and continues to consider legislation that may affect its operation. In 1980, Congress enacted the Classified Information Procedures Act to provide uniform procedures to be used in federal criminal litigation involving classified information. In 2008, a federal district court held that portions of the Foreign Intelligence Surveillance Act (FISA) superseded the state secrets privilege, at least with respect to civil claims alleging unlawful electronic surveillance under FISA. In the 111th Congress, different versions of the State Secrets Protection Act have been introduced in both the House of Representatives and the Senate. After reviewing the case law that defines the current state secrets privilege, this report will discuss both enacted and proposed legislation that may affect the scope or function of the state secrets privilege
  • "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 open court. The use of classified evidence may also implicate criminal defendants' rights to exculpatory information and witnesses' statements held by the prosecution, or their right to confront witnesses under the Sixth Amendment. Congressional action may affect the operation or coverage of the state secrets privilege. In 2008, a federal district court held that the Foreign Intelligence Surveillance Act supplanted the state secrets privilege with respect to civil claims of unlawful electronic surveillance. In the 111th Congress, House and Senate versions of bills entitled 'the State Secrets Protection Act, ' H.R. 984 and S. 417, have been introduced to codify the privilege. The bills would additionally limit the privilege to cases where significant harm to national security was presented, require judicial review of the actual information claimed to be privileged, and require the Attorney General to report to Congress within 30 days of any invocation of the state secrets privilege."
Member of
Cataloging source
SNM
http://library.link/vocab/creatorName
Liu, Edward C
Government publication
federal national government publication
Index
no index present
LC call number
JK468.S4
LC item number
L58 2009eb online
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
Library of Congress
Series statement
CRS report for Congress
Series volume
R40603
http://library.link/vocab/subjectName
  • Official secrets
  • Executive privilege (Government information)
  • Judicial process
  • Judicial process
  • United States
Label
The state secrets privilege and other limits on litigation involving classified information, Edward C. Liu
Instantiates
Publication
Note
  • Title from PDF cover (Federation of American Scientists, viewed July 15, 2010)
  • "May 28, 2009."
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
mixed
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
unknown
Extent
1 online resource (20 pages).
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
Hein Online
Specific material designation
remote
System control number
  • (OCoLC)426039565
  • (OCoLC)ocn426039565
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader
Label
The state secrets privilege and other limits on litigation involving classified information, Edward C. Liu
Publication
Note
  • Title from PDF cover (Federation of American Scientists, viewed July 15, 2010)
  • "May 28, 2009."
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
mixed
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
unknown
Extent
1 online resource (20 pages).
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
Hein Online
Specific material designation
remote
System control number
  • (OCoLC)426039565
  • (OCoLC)ocn426039565
System details
  • Mode of access: World Wide Web
  • System requirements: Adobe Acrobat Reader

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