Jordyn Banks

How has the implementation of the “States Secret Privilege” changed over time in the United States legal system, and what are the consequences and effects of its use on national security, government accountability and transparency, and one’s individual rights?

Started Jan. 13, 2023

Abstract or project description

The States Secret Privilege is a privilege in law in which the government is permitted to withhold information from people and the courts if the information threatens either foreign relations or national security. The use of this privilege is somewhat controversial, sparking debate over the years as many critics argue that the government has been known to abuse this privilege to avoid taking accountability, silence people, and dismiss significant lawsuits. This paper aims to understand the variety of cases in which this privilege has been used throughout history and the effects of utilizing this privilege further. Similarly, this paper looks into the overall authority of the government within the legal system and the role of the FBI in numerous cases. Furthermore, this review analyzes the critical court cases throughout history that have played a vital role in understanding and using this privilege --and the legal controversies about government transparency that have occurred because of it. This includes the court cases of FBI vs. Fazaga, El-Masri vs. Tenet, United States vs. Reynolds, Mohamed vs. Jeppesen, and Al-Haramain Islamic Foundation Inc. vs. Bush.