Is a motion for dismissal of a civil case brought by the Department of Justice based on state secrets?
MultiRegion, United States of America
The following excerpt is from Ibrahim v. U.S. Dep't of Homeland Sec., 912 F.3d 1147 (9th Cir. 2019):
via an invocation of state secrets, the case may still need to be dismissed because "it will become apparent during the [ United States v. Reynolds , 345 U.S. 1, 73 S.Ct. 528, 97 L.Ed. 727 (1953)12 ] analysis that the case cannot proceed without privileged evidence, or that litigating the case to a judgment on the merits would present an unacceptable risk of disclosing state secrets").
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