Judges Show Skepticism in Federal Secrecy Cases

Since late July, judges in three separate federal cases have ruled against the government's state secrets motions, refusing to kill a lawsuit based on government statements that documents in the case would threaten national security if publicized.

The three recent rulings preserved dozens of lawsuits on the NSA's warrantless wiretapping. A federal judge in Oregon has been reluctant to return one such document to the government for protective custody.

Lawyers involved in similar cases against the government say they hope — but don't know for sure — that judges are becoming more skeptical about the government's use of the state secrets privilege.

Comments

 

Please keep your community civil. All comments must follow the NPR.org Community rules and terms of use, and will be moderated prior to posting. NPR reserves the right to use the comments we receive, in whole or in part, and to use the commenter's name and location, in any medium. See also the Terms of Use, Privacy Policy and Community FAQ.

Support comes from: