In Kasza, we relied on the Reynolds rule that "the state secrets privilege is a
common law evidentiary privilege that allows the government to deny discovery of
military secrets." Id. at 1165. After reviewing the applicable law, we reasoned
that the application of the state secrets privilege can have different effects,
depending on whether it is used to exclude evidence or to dismiss a cause of
action. Id. at 1166. First, we found that the government's invocation of the
privilege over particular evidence may completely remove the evidence from the
case. Id. If a plaintiff cannot make out her prima facie case without the secret
evidence, the court may dismiss her claim. Id. Second, the privilege may deprive
a defendant of information that would otherwise give the defendant a valid
defense to the claim. Id. In these cases, the court may grant summary judgment
to the defendant. Id.