In the “State Secrets” defense, once affidavit is filed, the Court is then obligated to “grant utmost deference” to the representations of the Agency, and suppress the evidence. Should the Court review the evidence first and make its own determination?
In the “State Secrets” defense, there is not a need for a responsive pleading (the answer to the complaint). Once the affidavit is filed (the classified version would not be reviewed by Plaintiff’s Counsel), the Court is then obligated to “grant utmost deference” to the representations of the Agency Head, and suppress the evidence.
Should the Court review the evidence first and make its own determination? Assume the court can review classified information
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