Examining The State Secrets Privilege

Author : Blair S. Fermin
Publisher : Unknown
Page : 335 pages
File Size : 52,7 Mb
Release : 2018
Category : Political Science
ISBN : 1536137081

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Examining the State Secrets Privilege by Blair S. Fermin Pdf

In a democracy, the public should have the right to know what the government is doing. Secrecy should be the rare exception, reserved for a few cases in which the national security is truly at stake. This book is the hearing before the Committee on the Judiciary, United States Senate that took place on February 13th 2008. While considering the state secrets privileges, assertions of the privilege by the executive branch were examined as well.The state secrets privilege is a common law evidentiary privilege that shields sensitive national security information from disclosure in litigation. The government is the only party that can assert the privilege, and application of the privilege can result in dismissal of civil litigation. The United States Senate, in this book, discuss the importance that courts act as an independent check on the government when it asserts the state secret privilege. It proposes a policy designed to promote a meaningful, independent review.

Author : Professor United States Congress,United States Senate,Committee on the Judiciary
Publisher : Createspace Independent Publishing Platform
Page : 246 pages
File Size : 46,7 Mb
Release : 2018-01-16
Category : Electronic
ISBN : 1983880221

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Examining the State Secrets Privilege by Professor United States Congress,United States Senate,Committee on the Judiciary Pdf

Examining the state secrets privilege: protecting national security while preserving accountability: hearing before the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, second session, February 13, 2008.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 248 pages
File Size : 45,9 Mb
Release : 2009
Category : Executive privilege (Government information)
ISBN : UOM:39015090408082

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Examining the State Secrets Privilege by United States. Congress. Senate. Committee on the Judiciary Pdf

Author : United States Congress Senate Committee
Publisher : Unknown
Page : 248 pages
File Size : 40,5 Mb
Release : 2015-02-14
Category : Electronic
ISBN : 1298012996

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Examining the State Secrets Privilege by United States Congress Senate Committee Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Edward C. Liu
Publisher : DIANE Publishing
Page : 23 pages
File Size : 53,6 Mb
Release : 2010-03
Category : Law
ISBN : 9781437919622

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State Secrets Privilege and Other Limits on Litigation Involving Classified Information by Edward C. Liu Pdf

The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the nat. security of the U.S. Contents of this report: (1) U.S. v. Reynolds: Asserting the Privilege; Evaluating the Validity of the Privilege; Effect of a Valid Privilege; (2) Totten v. U.S.: Special Case of Nonjusticiable Contracts for Espionage; (3) Classified Info. Procedures Act and Secret Evidence in Criminal Litigation:Withholding Classified Info. During Discovery; Confrontation Clause and the Use of Secret Evidence at Trial; (4) Legislative Modification of the State Secrets Privilege: Foreign Intell. Surveillance Act; State Secrets Protection Act.

Author : Edward C. Liu
Publisher : DIANE Publishing
Page : 23 pages
File Size : 40,7 Mb
Release : 2010-10
Category : Computers
ISBN : 9781437928020

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State Secrets Privilege and Other Limits on Litigation Involving Classified Information by Edward C. Liu Pdf

The state secrets privilege is a judicially created evidentiary privilege that allows the gov¿t. to resist court-ordered disclosure of info. during litigation, if there is a reasonable danger that such disclosure would harm the national security of the U.S. The Classified Info. Procedures Act provides pretrial procedures that permit a trial judge to rule on questions of admissibility involving classified info. before introduction of the evidence in open court. Contents of this report: (1) U.S. v. Reynolds: The Seminal Case: Asserting the Privilege; (2) Totten v. U.S.: The Special Case of Nonjusticiable Contracts for Espionage; (3) The Classified Info. Procedures Act and Secret Evidence in Criminal Litigation; and (4) Legislative Modification of the State Secrets Privilege.

Author : Genevieve Lester
Publisher : Cambridge University Press
Page : 248 pages
File Size : 47,6 Mb
Release : 2015-05-12
Category : Law
ISBN : 1107616530

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When Should State Secrets Stay Secret? by Genevieve Lester Pdf

Contrary to popular assumption, the development of stronger oversight mechanisms actually leads to greater secrecy rather than the reverse. When Should State Secrets Stay Secret? examines modern trends in intelligence oversight development by focusing on how American oversight mechanisms combine to bolster an internal security system and thus increase the secrecy of the intelligence enterprise. Genevieve Lester uniquely examines how these oversight mechanisms have developed within all three branches of government, how they interact, and what types of historical pivot points have driven change among them. She disaggregates the concept of accountability into a series of specified criteria in order to grapple with these pivot points. This book concludes with a discussion of a series of normative questions, suggesting ways to improve oversight mechanisms based on the analytical criteria laid out in the analysis. It also includes a chapter on the workings of the CIA to which a number of CIA officers contributed.

Author : Ken G. Robertson
Publisher : Unknown
Page : 216 pages
File Size : 42,7 Mb
Release : 1987
Category : Electronic
ISBN : OCLC:312153475

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Public Secrets by Ken G. Robertson Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Publisher : Unknown
Page : 236 pages
File Size : 51,7 Mb
Release : 2009
Category : Law
ISBN : PSU:000066768371

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State Secret Protection Act of 2009 by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties Pdf

Author : Anonim
Publisher : David Alan Jordan
Page : 2170 pages
File Size : 50,6 Mb
Release : 2024-06-15
Category : Electronic
ISBN : 8210379456XXX

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Free Course Book for Course 3: Statutory Law and Intelligence 2011 by Anonim Pdf

Author : Heidi Kitrosser
Publisher : University of Chicago Press
Page : 292 pages
File Size : 43,6 Mb
Release : 2015-01-06
Category : Law
ISBN : 9780226191775

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Reclaiming Accountability by Heidi Kitrosser Pdf

Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.

Author : Alan W Clarke
Publisher : Rutgers University Press
Page : 249 pages
File Size : 49,7 Mb
Release : 2012-04-26
Category : Political Science
ISBN : 9780813553122

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Rendition to Torture by Alan W Clarke Pdf

Universally condemned and everywhere illegal, torture goes on in democracies as well as in dictatorships. Nonetheless, many Americans were surprised following the attacks of 9/11 at how easily the United States embraced torture as well as the supposedly lesser evil of cruel, inhuman, and degrading treatment. Nothing seemed extreme when it came to questioning real and imagined terrorists. Extraordinary rendition—sending people captured in the “war on terror” to nations long counted among the world’s worst human rights violators—hid from the public eye cruel and bloody interrogations. “Torture lite” or “torture without marks” became the norm for those in American custody. In Rendition to Torture, Alan W. Clarke explains how the United States adopted torture as a matter of official policy; how and why it turned to extraordinary rendition as a way to outsource more extreme, mutilating forms of torture; and outlines the steps the United States took to hide its abuses. Many adverse consequences attended American use of torture. False information gleaned from torture was used to justify the Iraq war, adding potency to the charge that the war was illegal under international law. Moreover, European nations and Canada aided, abetted, and became thoroughly enmeshed in U.S.-led torture and renditions, thereby spreading both the problem and the blame for this practice. Clarke offers an extended critique of these activities, placing them in historical and legal context as well as in transnational and comparative perspective.

Author : Louis Fisher
Publisher : University Press of Kansas
Page : 376 pages
File Size : 54,7 Mb
Release : 2011-09-07
Category : Political Science
ISBN : 9780700617999

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Defending Congress and the Constitution by Louis Fisher Pdf

The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher : Unknown
Page : 336 pages
File Size : 41,5 Mb
Release : 2009
Category : Law
ISBN : PSU:000066744443

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Sunshine in Litigation Act of 2008 by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Pdf

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties
Publisher : Unknown
Page : 196 pages
File Size : 45,7 Mb
Release : 2008
Category : Law
ISBN : PSU:000063516876

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Reform of the State Secrets Privilege by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties Pdf