Extraordinary Renditions and the State Secrets Privilege: Keeping Focus on the Task at Hand

Abstract:     
In this paper I discuss the use of the state secrets privilege in the context of civil suits brought against the United States government and private contractors working for the federal government by alleged victims of extraordinary rendition. The paper focuses on how best to achieve meaningful oversight of the executive's actions and allow the courts to fulfill their important role of providing individuals the opportunity to have their rights vindicated and protected, while at the same time securing legitimate state secrets. I hope that this focus on extraordinary rendition cases may also have broader applicability in other areas where the state secrets privilege is frequently asserted.

Number of Pages in PDF File: 28

Keywords: State Secrets Privilege, Extraordinary Renditions, National Security

Accepted Paper Series