Electronic Frontier Foundation
The first step in Jewel v. NSA is for the court to decide whether to adopt or reject the government’s invocation of the controversial ‘state secrets’ privilege—a legal tool that started as a limited shield intended to protect legitimate and critical government national security secrets, but which the government has attempted to turn into a sword to block Americans seeking to enforce the law and the Constitution.
Essentially, by invoking the state secrets privilege in this way, the government argues that even if all of the allegations of serious law-breaking and Constitutional violations are true, surveillance of millions of ordinary Americans is exempt from judicial review. Continue reading “The State Secrets Privilege”

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