National Law Journal on A51 lawsuit dismissal
From: Stig_Agermose@online.pol.dk (Stig Agermose)
Date: Tue, 10 Feb 1998 15:37:35 -0800
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Secrets Privilege Scuttles USAF Suit
Claims by ex-employees gutted by 9th Circuit
BY GAIL DIANE COX
The National Law Journal (p. A06)
Monday, January 26, 1998
SAN FRANCISCO --In an opinion that revives Cold War memories of state
secrets and national security, the 9th U.S. Circuit Court of Appeals
has rejected efforts by a group of former government employees to prove
they were poisoned while working at a hush-hush military installation
in Nevada.
The state secrets privilege invoked by the secretary of the Air Force
makes discovery and trial on the claims of environmental crimes
"impossible", a 3-0 panel held Jan. 8 in a opinion by Judge Pamela Ann
Rymer. "The government may use the state secrets privilege to withhold
a broad range of information," wrote Judge Rymer. She added that since
the Pentagon Papers case, Ellsberg v. Mitchell, 709 F2d 51 (D.C. Cir.
1983), "courts recognize the inherent limitations in trying to separate
classified and unclassified information."
Notwithstanding a plaintiff's ability to produce unclassified or even
nonprivileged evidence, if the "very subject matter of the action" is a
state secret, the opinion continues, "then the court should dismiss the
plaintiff's action based solely on the invocation of the state secrets
privilege." Kasza v. Browner, 96-15535.
For rest of article see...
http://www.ljx.com:80/cgi-bin/f_cat?prod/ljextra/data/texts/1998_0119_33.html
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Created: Feb 11, 1998
