Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat epub
Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat epub
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Author: Todd Garvey
Page Count: 24 pages
Published Date: 03 Oct 2013
Publisher: Bibliogov
Publication Country: United States
Language: English
Format: eBook
ISBN: 9781287867227
File size: 18 Mb
File Name: Crs.Report.for.Congress.The.State.Secrets.Privilege.Preventing.the.Disclosure.of.Sensitive.National.Security.Information.During.Civil.Litigat.pdf
Download Link: Crs Report for Congress The State Secrets Privilege Preventing the Disclosure of Sensitive National Security Information During Civil Litigat
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The state secrets privilege is a judicially created evidentiary privilege that allows the federal government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States. Although the common law privilege has a long history, the Supreme Court first described the modern analytical framework of the state secrets privilege in the 1953 case of United States v. Reynolds, 345 U.S. 1 (1953). In Reynolds, the Court laid out a two-step procedure to be used when evaluating a claim of privilege to protect state secrets. First, there must be a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer. Second, a court must independently determine whether the circumstances are appropriate for the claim of privilege, and yet do so without forcing a disclosure of the very thing the privilege is designed to protect. If the privilege is appropriately invoked, it is absolute and the disclosure of the underlying information cannot be compelled by the court. A valid invocation of the privilege does not necessarily require dismissal of the claim. In Reynolds, ...
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Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat. Todd Garvey
Author: Todd Garvey
Page Count: 24 pages
Published Date: 03 Oct 2013
Publisher: Bibliogov
Publication Country: United States
Language: English
Format: eBook
ISBN: 9781287867227
File size: 18 Mb
File Name: Crs.Report.for.Congress.The.State.Secrets.Privilege.Preventing.the.Disclosure.of.Sensitive.National.Security.Information.During.Civil.Litigat.pdf
Download Link: Crs Report for Congress The State Secrets Privilege Preventing the Disclosure of Sensitive National Security Information During Civil Litigat
---------------------------------------------------------------
The state secrets privilege is a judicially created evidentiary privilege that allows the federal government to resist court-ordered disclosure of information during litigation if there is a reasonable danger that such disclosure would harm the national security of the United States. Although the common law privilege has a long history, the Supreme Court first described the modern analytical framework of the state secrets privilege in the 1953 case of United States v. Reynolds, 345 U.S. 1 (1953). In Reynolds, the Court laid out a two-step procedure to be used when evaluating a claim of privilege to protect state secrets. First, there must be a formal claim of privilege, lodged by the head of the department which has control over the matter, after actual personal consideration by that officer. Second, a court must independently determine whether the circumstances are appropriate for the claim of privilege, and yet do so without forcing a disclosure of the very thing the privilege is designed to protect. If the privilege is appropriately invoked, it is absolute and the disclosure of the underlying information cannot be compelled by the court. A valid invocation of the privilege does not necessarily require dismissal of the claim. In Reynolds, ...
Read online Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat Buy Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat Download and read Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Crs Report for Congress : The State Secrets Privilege: Preventing the Disclosure of Sensitive National Security Information During Civil Litigat ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent
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