Two cases on the state-secrets privilege - SCOTUSblog - 0 views
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Though the government has declassified some information about Zubaydah’s treatment in CIA custody, it has protected other information as privileged state secrets. Rejecting the government’s argument, the U.S. Court of Appeals for the 9th Circuit allowed discovery in the case to proceed.
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The district court dismissed the claims on the basis of the state-secrets privilege. The 9th Circuit reversed and remanded for further proceedings, instructing the district court, with restrictions, to review the material over which the privilege was claimed to determine whether the surveillance was authorized and conducted lawfully.
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: (1) Whether probable cause or arguable probable cause exists to seek a search warrant when an officer relies upon an informant who turns himself in, admits commission of multiple including unreported/ unsolved crimes, and whose information is partially corroborated; (2)
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Whether a federal habeas court may grant relief based solely on its conclusion that the test from Brecht v. Abrahamson is satisfied
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Whether the U.S. Court of Appeals for the 9th Circuit erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency contractors on matters concerning alleged clandestine CIA activities.