State Secrets Privilege: National Security Information in Civil Litigation [April 28, 2022]   [open pdf - 1MB]

From the Document: "he Supreme Court of the United States has long recognized a common law government privilege against the disclosure of state and military secrets in civil litigation known as the 'state secrets privilege.' The United States has invoked this privilege in two broad categories of cases. [...] This report presents an overview of the protections afforded by the state secrets privilege, a discussion of some of the many unresolved issues associated with the privilege, and a selection of high-profile examples of how the privilege has been applied in practice. The report also describes some considerations for Congress."