Liza Goitein and Bob Loeb on State Secrets


Manage episode 304853083 series 56794
By The Lawfare Institute. Discovered by Player FM and our community — copyright is owned by the publisher, not Player FM, and audio is streamed directly from their servers. Hit the Subscribe button to track updates in Player FM, or paste the feed URL into other podcast apps.

It has been a decade since the Supreme Court decided on a case involving the state secrets privilege, a common law rule that allows the government to block the release of state secrets in civil litigation. In this term, the justices will hear two cases involving the privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga.

To talk about the two cases before the Supreme Court and the state secrets privilege more broadly, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate Litigation practice, and former acting deputy director of the Civil Division Appellate Staff at the Department of Justice. They talked about how the state secrets privilege works, the controversy surrounding its use and what we can expect in the two Supreme Court cases.

Support this show

See for privacy and opt-out information.

1069 episodes