Reply #23: State Secrets privilege has been used for civil suits.. [View All]

[cascadiance]

Criminal cases there are other laws covering the handling of secret evidence, that I think most judges use instead to guide whether or not they dismiss evidence/cases instead. It is civil litigation where there isn't sufficient laws that allows Bushco to get away with throwing out State Secrets privilege to throw out cases. That's why they couldn't use it for Scooter Libby too, though they tried to do various gray mail type of defenses earlier.