The Irrelevance of “Reluctant” Invocations of the State Secrets Privilege
In the past few hours, both Jack Goldsmith and Ben Wittes have argued that the Obama administration has "reluctantly" claimed that the ACLU/CCR lawsuit must be dismissed because of the state-secrets privilege. Here, for example, is Ben: This is not in any sense a chest-thumping invocation of the privilege but a most reluctant one that quite overtly attempts...