So the Trump administration has decided to invoke the State Secrets Privilege. The first quick read of this brief raises a number of red flags, so let's step through this in a bit more detail, shall we? storage.courtlistener.com/recap/gov.us... - ThreadSky

jvagle.me • 11 days ago

So the Trump administration has decided to invoke the State Secrets Privilege. The first quick read of this brief raises a number of red flags, so let's step through this in a bit more detail, shall we?

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.56.0.pdf

Comments

gretagroots.bsky.social•11 days ago

State secrets? They were all using private phones to chat about war plans

reggierink.bsky.social•11 days ago

So what happens next?

lira2012.bsky.social•11 days ago

Pretty clear that team narcissistic-incompetence lied to the Judge.

professorfate.bsky.social•11 days ago

If it's a state secret, you can probably just get it on the group chat

roosays.bsky.social•11 days ago

ROTFL
Follow!

tracytrixie.bsky.social•11 days ago

🤣🤣🤣

jvagle.me•11 days ago

First, a bit of background on the State Secrets Privilege itself.

The state secrets privilege, based in large part upon the U.S. Supreme Court's reasoning in U.S. v. Reynolds, is often incorrectly seen by the courts as a bar to the justiciability of cases involving state secrets.

jvagle.me•11 days ago

United States v. Reynolds was a case involving a civil claim for damages against the U.S. government brought by the widows of civilians killed in a B-29 bomber crash. The government moved to quash plaintiffs' discovery on the basis that the requested information was barred from disclosure.

jvagle.me•11 days ago

In the end, and after the case was decided in favor of the government, it was revealed that the govt had misrepresented the risk to national security, and had instead invoked the (new) privilege to avoid liability.

jvagle.me•11 days ago

A particularly heinous use of state secrets privilege was in the case brought by Khaled Al-Masri, a German citizen who was mistakenly renditioned by Macedonian officials on behalf of the US. After months of torture, the US realized he was the wrong guy, so they dumped him in Albania to walk home.

jvagle.me•11 days ago

Al-Masri sued under the Alien Tort Statute, and the US moved for an immediate stay, asserting a claim of state secrets privilege.

jvagle.me•11 days ago

US said the lawsuit would “probe the CIA's foreign intelligence interests, authorities, and methods,” and that there were “no adequate means to allow this case to proceed while protecting national security interests” and exposing “sensitive matters” which “cannot be described on the public record.”

studiojake.bsky.social•10 days ago

📌

chrisedelson.bsky.social•10 days ago

I thought the plaintiffs in Reynolds settled (of course for a lower amount than they could have gotten if they had access to all info)? In any event, the key point is that the govt lied about the national security claim.

seentoomuch.bsky.social•11 days ago

Can the judge tell them "LOL, no"?

herbwitch1.bsky.social•11 days ago

Who is the 'State' that is sponsoring said terrorism? As someone used to reading Court docs and Briefs, this is woeful. Have mentioned a few times that I can imagine the poor Judge in Chambers kicking the trash can, alot
🇦🇺💙🇺🇸

nuqneh.bsky.social•11 days ago

Following… can the judge still rule on this or is it a get out of jail free card?

thekrakensays.bsky.social•11 days ago

Yikes. They went there. And quickly.

billdiamond.com•11 days ago

The logic of this filing is appalling. While I’m not surprised that Trump would fall into the trap of asserting SSP, at least one career person could have warned them the lack of any FISA warrant, the lack of any documentation regarding national security before an immigration judge casts doubt.

hoobajoob.bsky.social•11 days ago

📌

bn-winston.bsky.social•11 days ago

📌

roosays.bsky.social•11 days ago

Oh. My. God.

cojelocontekerisi.bsky.social•11 days ago

Apparently not for Houthi war plans.

Comments

Posting Rules

Reply