HLSC 520 WEEK 3
Q. A state secrets or executive privilege is often claimed in the interest of national security,
thereby foreclosing any disclosure in civil or criminal cases. Given the current state of the law,
what recourse is available to those individuals whose injury resulted from government policy
related to national security matters? What, if any, additional recourses should be available?
In recent cases, there has been much executive privilege, which has been imposed in
many high-profile cases. We can look at the State of New York vs. Trump Organization. We can
define a state's secret privilege or executive privilege as when an individual or the federal, state,
or local government can censor/conceal proof or data of a case. This can happen by showing or
supplying official declarations listing the data as classified and potentially jeopardizing national
security. If there is a court case, one can invoke executive privilege and get the case closed
because of National Security and the lives it may or may not endanger. When it comes to court
proceedings that involve National Security, there are two broad theories that civil cases can
produce (Florence & Gerke, 2008). The first one that can be discussed is the Jurisdictional or
Justiciability rule. When it comes to this rule, it allows the courts to decide to throw the case out
overall. Evidentiary privilege is another principle that can be used when a civil case relates to
National Security. The evidentiary rule allows the court to use or allow certain data to be used as
evidence in civil litigation. Over the years, federal and district courts have been progressively
using the different approaches when it comes to states' secret privilege and executive privilege if
they are encouraged by the federal/state government. As stated by Gerke and Florence, "under
this rule, the United States government may assert the usage of executive privilege to request the
courts to reject a case, stop the use of support data or even use both" (Florence and Gerke, 2008).
As cases are built up against the government, is some situations, the United States Congress
HLSC 520 WEEK 3
ought to give the district or federal courts, some means to determine what testimony protect
national security. They have to help balance the Judicial system and the executive branch in
disclosing evidence in a civil case as it pertains to national security.
There should always be some compensation as part of the recourse that should be
available to citizens from injury the government caused. Also, if it is necessary, I think anyone
that gets injured while actively working on a job should have the right to take that case to the
courts regardless of whether is there is a personal privilege or any executive privileges. There
must be an understanding of the protection of information when it comes to cases that pertain to
National Security. One thing that must be discussed or considered is the effect and bearing that it
can bring to the individual involved.
Another incentive that should be included in individuals that are injured is Healthcare.
One very costly thing is job-related injuries, which have been going up in recent years. It is up to
the United States Congress to offer federal and district courts with some direction in respect to
secret privilege in civil litigation. It is up to Congress to make sure it stables the strains of open
fairness and impartial together with state secrecy as well as reimbursement. The United States
Congress needs legislation that will compensate any person or persons whoever gets injured
while on the job, which will also protect classified data in Lou of National Security. It is well
known that when it comes to classified information in a defendant lawsuit against the
government, it will be suppressed by the state, making it difficult for the plaintive to get a fair
trial. In this beloved country, everyone should be entitled to a fair, decent trial, even against the
United States government.
HLSC 520 WEEK 3
Reference:
Dwyer, T. (2015). Legal issues in homeland security : U.S. Supreme Court cases, commentary,
and questions. Flushing, NY: Looseleaf Law Publications, Inc.
Florence, J., Gerke, M (2008) National Security Issues in Civil Litigation: A Blueprint for
Reform. Retrieved from: https://www.brookings.edu/wp-
content/uploads/2016/06/1117_reform_florence_gerke.pdf
Powered by TCPDF (www.tcpdf.org)
