criminal-law secret
Can state secrets be revealed in a criminal lawsuit?
<p>Imagine if there is criminal lawsuit against a CIA agent before a U.S. court. To defend himself, he needs to reveal secrets. For example, he would need to reveal other CIA agents whose lives would be threatened if their names become public.</p>
<p>He has the option to remain silent, but if he did so he would not be able to defend himself.</p>
<p>What is the protocol in such a case? Is he allowed to reveal that information?</p>

<p>There is a <a href="https://en.wikipedia.org/wiki/State_secrets_privilege#:%7E:text=%22The%20state%20secrets%20privilege%20is,security.%22%20%E2%80%93%20Zuckerbraun%20v." rel="nofollow noreferrer">state secrets doctrine</a> that as a practical matter prohibits the litigation is issues in which state secrets figure in the case in a civilian court that is open to the public by dismissing the case.</p>
<p>&quot;The state secrets privilege is a common law evidentiary rule that allows the government to withhold information from discovery when disclosure would be inimical to national security.&quot; <em>Zuckerbraun v. General Dynamics Corp.</em>, 935 F.2d 544, 546 (2d Cir. 1991).</p>
<p>It was recognized as a common law privilege in <em>United States v. Reynolds</em>, 345 U.S. 1, 7 (1953), and is usually invoked in civil lawsuits, but is not inherently so limited.</p>
<p>Of course, the federal government has the authority to waive the privilege in order to allow a criminal prosecution to go forward.</p>
<p>Among other things this doctrine means that covert operatives are not allowed to bring lawsuits for unpaid compensation against the government, even if they have a solid case on the merits.</p>
