Military Law,
Civil Litigation
Jan. 9, 2010
Navigating Discovery When the Government Claims Privilege
Attorney Carla DiMare provides discovery guidance for situations where the executive branch asserts the state and military secrets privilege.
The military and state secrets privilege is a commanding evidentiary privilege that allows the government to withhold sensitive information within the context of litigation that is vital to the nation's security or diplomatic relations. Primarily due to the Sept. 11, 2001, al Qaeda terrorist attacks along the East Coast of the United States, a worldwide focus in terrorism, and continuing terrorist attacks, the military and state secrets privilege has been asserted more frequently by the U....
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