The Ninth Circuit has ruled, in United States v. Reynolds, in effect, that a claim of “state secrets” cannot be sufficient to grant immunity to the government by an outright dismissal of a case. Rather, the government must proceed with the case and argue about specific items of evidence and whether such evidence is privileged from disclosure under the doctrine.
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“This historic decision marks the beginning, not the end, of this litigation,” said Ben Wizner, staff attorney with the ACLU National Security Project, who argued the case for the plaintiffs. “Our clients, who are among the hundreds of victims of torture under the Bush administration, have waited for years just to get a foot in the courthouse door. Now, at long last, they will have their day in court. Today’s ruling demolishes once and for all the legal fiction, advanced by the Bush administration and continued by the Obama administration, that facts known throughout the world could be deemed ‘secrets’ in a court of law.”
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The full text of the case is here.
Update: And Glen Greenwald offers his thoughtful take here.