Secrecy: State Secrets Privilege: Litigation

Latest in Secrecy: State Secrets Privilege: Litigation

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. 

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:

Secrecy: State Secrets Privilege

Supreme Court Oral Argument in Clapper v. Amnesty International This Morning [Updated]

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty International, about whether human rights groups have standing to challenge the constitutionality of counterterrorism-related global surveillance, given that the program is secret and thus they can't be sure that they are actually being surveilled.

Secrecy: State Secrets Privilege: Litigation

Bivens and/as Immunity: Richard Klingler Responds on Al-Aulaqi--and I Reply

I received the following response from Richard Klingler to my ACSblog post on Monday re: the Al-Aulaqi suit and Bivens, and thought I'd post it in its entirety (below the fold) before replying (also below the fold):

Richard writes:

Targeted Killing

USG Filing in NYT/ACLU SDNY FOIA Suit Re Targeted Killings

Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU  for records on targeted killings, especially with regard to U.S. citizens.  This is the brief for which the USG has sought and received several deadline extensions -- extensions necessitated by extensive internal deliberations that led some to think the USG might be changing its policy on disclosure in this context.

Subscribe to Lawfare