The Case That Led to an Uneasy Shift in the Balance of Government Powers
Sixty years ago a B-29 bomber on a secret mission fell from the sky in Waycross, Ga. Nine men died, and the widows of three of them sued the government for negligence.
The case, United States v. Reynolds, gave birth to the state secrets privilege, which allows the government to shut down litigations simply by invoking national security. The privilege has been a particular favorite of the Bush administration, which has asserted it in dozens of cases, including ones challenging the legality of extraordinary renditions and warrantless surveillance.
“Claim of Privilege,” by Barry Siegel, is an important and exhaustive look at the Reynolds case, and it conclusively demonstrates that the state secrets privilege was built on a lie.
Read entire article at NYT
The case, United States v. Reynolds, gave birth to the state secrets privilege, which allows the government to shut down litigations simply by invoking national security. The privilege has been a particular favorite of the Bush administration, which has asserted it in dozens of cases, including ones challenging the legality of extraordinary renditions and warrantless surveillance.
“Claim of Privilege,” by Barry Siegel, is an important and exhaustive look at the Reynolds case, and it conclusively demonstrates that the state secrets privilege was built on a lie.