Latest in Secrecy: State Secrets Privilege

Interrogation: Interrogation Abuses: Civil Liability

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

The latest CIA torture suit brought by former detainees presents 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). The 18-page opinion is worth reading.

Here are some highlights:

Secrecy: State Secrets Privilege

Government Asserts State Secrets Privilege in Defamation Suit Against Non-Profit

Last week---and in a somewhat unusual development---the Department of Justice filed a motion to intervene, stay, and dismiss a private lawsuit against a non-profit organization, citing the state secrets privilege. In short, the United States believes that the litigation's further progress might risk the release of national security information. 


How It Looked Then: Edward Levi's 1975 Take on Security, Secrecy, and Accountability

Back in 1975, the Attorney General was Edward Levi.  Levi was extraordinarily distinguished, and had been appointed to this position in no small part to bring order and restore trust in the aftermath of tumultuous events of the early 1970s.  Related to that, he was at the helm as the Church and Pike Committees went about their work investigating various national security activities and related scandals, including investigations touching on NSA programs in

Secrecy: FOIA

Summary Judgment for the Government in Targeted Killing FOIA Request

Judge Colleen McMahon of the District Court of the Southern District of New York has granted summary judgment to the government in the consolidated FOIA cases brought by the New York Times and the ACLU. The plaintiffs were seeking information about the government's targeted killing program in the War on Terror. Judge McMahon summarizes the requests as follows:

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