The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. United States v. Reynolds, which involved alleged military secrets, was the first case that saw formal recognition of the privilege.
Following a claim of “state secrets privilege”, the court rarely conducts an in camera [in camera (/ɪŋˈkɑːmɛrɑː/; Latin: “in a chamber”) is a legal term that means in private.] examination of the evidence to evaluate whether there is sufficient cause to support the use of this doctrine. This results in court rulings in which even the judge has not verified the veracity of the assertion. The privileged material is completely removed from the litigation, and the court must determine how the unavailability of the privileged information affects the case.
US Justice Department officials told a federal judge on 24 March 2025 that the Trump administration was invoking the state secrets privilege to avoid giving him information about deportation flights from earlier this month that are at the center of a legal dispute over whether the government flouted his judicial commands.
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