Reply #30: Yes, impeachment AND criminal trials can work around state secrets privilege... [View All]

[cascadiance]

State Secrets privilege has only been used (and gratuitously so by this administration!) to help dismiss civil suits, like Sibel Edmonds suits, and Maher Arar's suit (who was detained and sent to Syria to be tortured).

I can't remember the specific act, but in criminal cases, like Libby's, there are other procedures that are supposed to be used instead of State Secrets, and so far, no judge has tried to use State Secrets in those instances. Of course I think doing an impeachment trial allows many other laws (such as that other law for criminal cases) not to necessarily be applicable. I think executive privilege claims are handled differently too. Certainly I think Sibel Edmonds gag order by Ashcroft, etc. is no longer applicable if and when she's testifying to congress.

So I think you are talking about three different "domains" of judicial scrutiny. One in civil cases, another in criminal cases, and the third in congressional impeachment/hearings/trials.