Document Type
Brief
Publication Date
8-19-2021
Abstract
Amici curiae teach, research, and write about the law of evidence. Amici share the view that the United States Court of Appeals for the Ninth Circuit correctly remanded this case to the District Court for an in camera review of the Executive’s claim of the state secrets privilege.<\p>
The concept of “state secrets” is an evidentiary privilege. It is occasionally confused with other doctrines. Privileges are to be strictly construed and narrowly interpreted because they impede the search for truth. The state secrets privilege should not operate as a monarchal “Crown Privilege.” When courts are confronted with state secrets claims, in camera review is necessary. Many factors should be considered when weighing government claims of state secrets privileges including the passage of time and the determination that secrets are already known. Only when there are no other remedies possible should cases be dismissed based on the state secrets privilege.<\p>
Recommended Citation
Friedman, Richard D., "United States v. Muhammad: Brief of Evidence Law Professors as Amici Curiae in Support of Respondents" (2021). Appellate Briefs. 75.
https://repository.law.umich.edu/briefs/75
Comments
Amicus: Allen, Professor Ronald J.; Henry, Professor John; Friedman, Professor Richard D.; Smith, Professor Alene F.; Smith, Professor Allan F.; Graham, Professor Kenneth W. Jr.; Moriarty, Professor Jane; Mansmann, Professor Carol Los; Murphy, Professor Ann; Nunn, Professor Alex; Park, Professor Roger; Rothstein, Professor Paul F.; Wexler, Professor Rebecca