Invocation of state secrets privilege here by the gov would miss the mark. And even when the state secrets privilege is invoked, the gov still gives the national security information to the court (ex parte in camera) to establish its privilege claim in any event!

This is either a very careless mistake by the government or a callous disregard for privacy interests. And it will be costly, as well, because of the privacy suits to follow.

DOJ’s threat to invoke state secrets privilege is misguided. SSP is invoked when the gov claims that a case itself cannot be litigated without risk of exposure of national security information — and the gov then gives the court that very information ex parte to establish it claim of privilege.