Liza Goitein and Bob Loeb on State Secrets
The Lawfare Podcast
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Is the State Secrets Privilege in Pisa?
There's a provision in pisa, its section 18 o six f, that sets out various categories of situations where pisa surveillance might become at issue. In those cases, if the attorney general files an affidavit certifying that disclosure of this material would harm the national sec so basically, the state secrets privilege is invoked by the attorney general rather than the head of the agency. The court will review in camera and ex parte the information relating to the surveillance and determine whether the surveillance was lawfully authorized and conducted. I don't really think the courts propagateed delve too much into the answer more fundamental question. Does it really apply or and if not, then regular state secrets can apply, and other
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