Anonymous ID: 80e033 Oct. 6, 2020, 7:33 p.m. No.10957064   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

"There has been much discussion about the use of government privilege to classify information. On the one hand, there is the need to protect government secrecy. On the other, there is always suspicion that "classified documents" are merely a way to cover-up government malfeasance or bad faith actions of the executive branch."

 

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"The state secrets privilege serves a vital function by ensuring that private litigants cannot use litigation to force the disclosure of information that, if made public, would directly harm the national security of the United States. The privilege has a long-standing history and has been invoked to protect such information. The privilege is firmly rooted in the constitutional authorities and obligations assigned to the President under Article II to protect the national security of the United States."

Anonymous ID: 80e033 Oct. 6, 2020, 7:42 p.m. No.10957244   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>7311

"Secrecy in government is antithetical to democratic governance. Too much secrecy shields officials from oversight and inevitably breeds abuse and misconduct; it thus can fatally weaken the system of checks and balances that defines our system of government."

Anonymous ID: 80e033 Oct. 6, 2020, 7:44 p.m. No.10957283   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

"Following a claim of "state secrets privilege", the court rarely conducts an in camera examination of the evidence to evaluate whether there is sufficient cause to support the use of this doctrine. This results in court rulings in which even the judge has not verified the veracity of the assertion.[1] The privileged material is completely removed from the litigation, and the court must determine how the unavailability of the privileged information affects the case.[3][5]"

Anonymous ID: 80e033 Oct. 6, 2020, 7:47 p.m. No.10957344   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

"While precise numbers are hard to come by (because not all cases are reported), a recent study reports that the "Bush administration has invoked the state secrets privilege in 23 cases since 2001." By way of comparison, "between 1953 and 1976, the government invoked the privilege in only four cases."[10]"

Anonymous ID: 80e033 Oct. 6, 2020, 7:50 p.m. No.10957397   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>7445

"George W. Bush issued Executive Order 13233 extending the accessibility of the state secrets privilege to also allow former presidents, their designated representatives, or representatives designated by their families, to invoke it to bar records from their tenure.[5]"

Anonymous ID: 80e033 Oct. 6, 2020, 7:56 p.m. No.10957505   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun

The primary purpose of CIPA was to limit the practice of graymail by criminal defendants in possession of sensitive government secrets. "Graymail" refers to the threat by a criminal defendant to disclose classified information during the course of a trial. The graymailing defendant essentially presented the government with a "dilemma": either allow disclosure of the classified information or dismiss the indictment.