The Supreme Court Rules on State Secrets

The Lawfare Podcast

The Lawfare Institute

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4.7 • 6.2K Ratings

🗓️ 25 March 2022

⏱️ 54 minutes

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Summary

Earlier this month, the Supreme Court issued rulings in two separate cases involving the state secrets privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga. To talk about the Court's decision and what it means for state secrets doctrine and executive power, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. Rohini first talked to them on the Lawfare Podcast back in October when they discussed the cases that were then before the Court. Now that the Court has issued its ruling, they got back together to discuss the Court's decision and what it means for the future of state secrets doctrine.

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0:18.0	Also, check out LawFair's other podcast offerings,
0:22.0	rational security, chatter, law fair no bull, and the aftermath.
0:34.0	Hey folks, it's Mark here from WTF with Mark Marin.
0:37.0	And my podcast is currently being sponsored by Amazon ads.
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1:18.0	So what on earth is the district court supposed to do on a weekend?
1:27.0	Does it rule on the lawfulness of surveillance as required by 1806F?
1:31.0	Or does it dismiss the claim as the government seeks to have it do under the state's secret privilege?
	...

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