Latest in Secrecy: State Secrets Privilege

Foreign Intelligence Surveillance Act

Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds

The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech rights and its Fourth Amendment rights against unreasonable search and seizure.

Director of National Intelligence (DNI)

DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia

In a court filing on Aug. 27, Director of National Intelligence Avril Haines asserted state secrets privilege in a civil lawsuit filed by Sakab Saudi Holding Company against Dr. Saad Aljabri, a former Saudi Arabia government official, and two of his sons. The lawsuit alleges that Aljabri defrauded the Sakab Saudi Holding Company and was filed in Massachusetts state court on March 21 and has since been brought before Massachusetts District Court.

Interrogation: Interrogation Abuses: Civil Liability

Trump’s DOJ to Assert State Secrets Privilege in Salim v. Mitchell

It looks like the DOJ is going to invoke the state secrets privilege after all in the latest CIA torture suit brought by former detainees, marking the first time that the Trump administration will use this powerful legal tool. But in an interesting variation on the typical post-9/11 state secrets cases, this time it is the defendants rather than the plaintiffs who seek to introduce information that the government alleges may harm national security.

Secrecy: State Secrets Privilege: Litigation

Private Defamation Action Dismissed on State Secrets Grounds

This is a very interesting case. The other day, federal district judge Edgardo Ramos in New York threw out a defamation lawsuit between two private parties on the government's intervening motion asserting the state secrets privilege. The case is Restis v. American Coalition Against a Nuclear Iran (UANI).

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