This is exactly right. And importantly, the state secrets privilege operates only as to a case/claim brought against the United States — not as to a collateral matter, such as this, where a judge has asked the gov to provide information concerning whether the gov violated a court order.
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Mark Zaid, Esq
I've litigated multiple State Secrets cases & I'm one of select few attorneys in 75 years who defeated govt invocation.
SCOTUS made it clear when creating privilege that invocation does not require judges to abdicate their responsibility to question Executive Branch assertion.
SCOTUS made it clear when creating privilege that invocation does not require judges to abdicate their responsibility to question Executive Branch assertion.
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