Tuesday, May 29, 2007
Everything You Ever Wanted To Know About the State Secrets Privilege
Between packing, moving, and grading, I've fallen way behind in my blogging the last two weeks, and so have missed out on a truly wonderful debate over at National Security Advisors on the state secrets privilege between Bobby Chesney, Jeremy Telman, Amanda Frost, Bill Weaver, and a host of others (most as regular commenters). Bobby collects the posts and summarizes the big themes in his concluding remarks, but the entire exchange is a wonderful primer on the privilege, the current debate over its scope, and the ongoing Hepting litigation (in which, for full disclosure, I am counsel of record for one of the amicus briefs).
One thing that seems to follow from the debate over the state secrets privilege is the extent to which, the further away we get from September 11, the more the major lawsuits will raise questions of secrecy and civil liability. And however unclear and unsettled the law may be in the detention/military tribunal context, I fear that the gray area in which those cases currently find themselves only pale in comparison to this "next" wave...
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