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199 Mil. L. Rev. 1 (2009)
National Security Veiled in Secrecy: An Analysis of the State Secrets Privilege in National Security Agency Wiretapping Litigation

handle is hein.journals/milrv199 and id is 11 raw text is: 










            MILITARY LAW REVIEW





Volume 199                                               Spring 2009



NATIONAL SECURITY VEILED IN SECRECY: AN ANALYSIS
     OF THE STATE SECRETS PRIVILEGE IN NATIONAL
       SECURITY AGENCY WIRETAPPING LITIGATION

                    MAJOR KRISTIAN W. MURRAY*

         To cover with the veil of secrecy the common routine of
            business, is an abomination in the eyes of every
            intelligent man and every friend to his country.1

         Five years after our nation was attacked, the terrorist
         danger remains. We're a nation at war-and America
           and her allies are fighting this war with relentless
           determination across the world. Together with our
        coalition partners, we've removed terrorist sanctuaries,
            disrupted their finances, killed and captured key


  Judge Advocate, U.S. Army. Presently assigned as Chief, Admin. Law. U.S. Army
Central Command. Operational Command Post, Kuwait. LL.M., 2008. The Judge
Advocate General's Legal Ctr. & Sch., U.S. Army, Charlottesville, Va.: J.D. (cum laude).
1998, Gonzaga Sch. of Law. Spokane, Wash.; B.A.. 1995. Univ. of Mont.. Missoula.
Mont.  Previous assignments include Command Judge Advocate, 501st Military
Intelligence Brigade, S. Korea, 2005-2007; Senior Trial Counsel, Eighth U.S. Army,
Yongsan Garrison, S. Korea, 2004-2005; Special Projects Officer, 75th Legal Support
Organization, Moffett Field, Cal., 2003-2004; Defense Language Institute & Foreign
Language Center, Presidio of Monterey, Cal., 2001 2003 (Chief, Admin. Law 2002
2003: Chief, Mil. Justice, 2001): 19th Theater Support Command, Taegu, S. Korea.
1999 2001 (Trial Counsel. 2000-2001; Chief, Client Servs., 1999 2000). Member of the
bar of the State of Washington. The author would like to thank Major (MAJ) Sean
Condron, MAJ Shawn Fast, MAJ Gene Etlinger, and Mr. Sam Flood for their input and
insight into this body of work. This article was submitted in partial completion of the
Master of Laws requirements of the 56th Judge Advocate Officer Graduate Course.
' Reynolds v. United States, 192 F.2d 987, 995 (3d Cir. 1951), rev'd, 345 U.S. I (quoting
3 PATRICK HENRY, THE DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION
OF THE FEDERAL CONSTITUTION AS RECOMMENDED BY THE GENERAL CONVENTION AT
PHILADELPHIA IN 1787, at 170 (J. Elliot ed.. 1836)).

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