What is the state of the law in the context of national security privilege?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Abu-jihaad, Docket No. 09-1375-cr (L), Docket No. 09-1384-cr (XAP) (2nd Cir. 2010):
that compulsion of the evidence will expose... matters which, in the interest of national security, should not be divulged, and (2) the privilege is lodged by the head of the department which has control over the matter, after actual personal consideration by that officer." United States v. Aref, 533 F.3d at 80 (ellipsis in original; internal quotation marks omitted).
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