"State Secrets" refers to a legal doctrine that allows the government to withhold information from the public or the courts when it pertains to national security or foreign policy. The government can invoke the state secrets privilege to prevent the disclosure of sensitive information that could harm national security or compromise intelligence sources and methods.
In the Supreme Court (SC), the state secrets privilege has been upheld in several cases:
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United States v. Reynolds (1953): The SC first recognized the state secrets privilege in this case, ruling that the government could withhold information about a military accident that involved a secret spy plane.
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United States v. Curtiss-Wright Export Corp. (1936): The SC held that the President has the authority to conduct foreign policy and national security operations without requiring Congressional approval.
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Haig v. Agee (1981): The SC upheld the state secrets privilege in a case involving a former CIA agent who published a book revealing sensitive information about the agency's operations.
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Snepp v. United States (1980): The SC ruled that a former CIA agent violated his contract by publishing a book without submitting it for pre-publication review, thereby invoking the state secrets privilege.
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Tenet v. Doe (2005): The SC held that the state secrets privilege barred a lawsuit against the CIA for alleged misconduct in recruiting and training spies.
To uphold the state secrets privilege, the SC typically requires the government to demonstrate:
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A valid national security or foreign policy concern
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A reasonable likelihood that disclosure would cause harm to national security or foreign policy
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A lack of alternative means to litigate the case without compromising national security or foreign policy
The SC has also established procedures for handling state secrets cases, including:
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In camera review: The court reviews sensitive information in private to determine whether it is privileged.
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Summary judgment: The court may grant summary judgment in favor of the government if the state secrets privilege is invoked and the plaintiff cannot prove their case without disclosing privileged information.
The state secrets privilege has been controversial, with some arguing that it can be used to cover up government misconduct or abuse of power. However, the SC has consistently upheld the privilege as a necessary tool for protecting national security and foreign policy interests.