State Secrets Privilege and Other Limits on Litigation Involving Classified Information

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.