Reading Room Document

Assertion of State Secrets Privilege in Civil Litigation

This document discusses the assertion of the state secrets privilege in civil litigation and addresses two questions: whether properly classified information qualifies for nondisclosure based on the state secrets privilege, and whether a claim of privilege for state secrets may be asserted concurrently with other claims of privilege for the same information. The document concludes that properly classified material would satisfy the criteria for the state secrets privilege, and that the privilege may be asserted with regard to the identities of national security informants. It also states that the state secrets privilege may be asserted concurrently with other claims of privilege for the same information, as long as all concerns underlying the privileges are addressed before a decision is made to release the information.

February 14, 1979