CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, March 4, 2022

Court holds FISA does not displace state-secrets privilege

Justice Alito delivered the opinion for a unanimous Court in FBI v. Fazaga.

https://lawprofessors.typepad.com/crimprof_blog/2022/03/court-holds-fisa-does-not-displace-state-secrets-privilege.html

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Comments

The concept of the "State Secrets" privilege, based upon U.S. v. Reynolds, 345 U. S. 1 (1953), is the classic example of "perpetuating a fraud on the Court." Notably, in a misguided effort to deny compensation to the civilian victims of an Air Force plane crash, none other than the then AF Judge Advocate General filed a false affidavit asserting that disclosing the cause of the crash-ultimately AF gross negligence in maintenance and repairs to the plane-could not be disclosed because of the highly "classified nature" of the mission = all lies.

It's been totally debunked, but no one seems to have noticed. Here's some info on it:
https://sgp.fas.org/news/2003/03/iaf031403.html

and a good law review article here:
https://larc.cardozo.yu.edu/cgi/viewcontent.cgi?article=1170&context=faculty-articles

Posted by: Donald G Rehkopf, Jr. | Mar 5, 2022 12:07:27 PM

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