When the government told a court Friday that it wanted a class-action lawsuit regarding the National Security Agency's eavesdropping on Americans dismissed, its lawyers wielded one of the most powerful legal tools available to the executive branch -- the state secrets privilege.
That privilege allows the government to tell a judge that a civil case may expose information detrimental to national security, and to ask that testimony or documents be hidden or a lawsuit dismissed. That extraordinary executive power was established in English common law and upheld in a 1953 Supreme Court case involving the fatal crash of a secret bomber.
In this case, the government will be asking a federal judge in California to dismiss a lawsuit filed by the Electronic Frontier Foundation against AT&T for its alleged complicity in warrantless government surveillance of its customer's internet and telephone communications. The EFF alleges that AT&T gave the government access to a massive phone billing database and helped the NSA spy on its customers' internet use.
But what exactly is the privilege, and how powerful is it?
Read the rest at Wired News