Date of Award
Master of Judicial Studies (LL.M.)
Duke University School of Law
From the criminal trial of Aaron Burr on charges of treason to modern-day litigation involving the CIA, the state secrets privilege presents a thorny issue for federal judges. Judge Trenga examines the legal issues at the heart of this privilege—separation of powers, non-justiciability, evidentiary privilege, national security interests, and military secrets—and the two primary doctrinal tracks judges invoke. Then, based on interviews with thirty-one federal judges, Judge Trenga offers insights into how judges think about applying the state secrets privilege to sensitive material.
Trenga, Anthony John, What Judges Say and Do in Deciding National Security Cases: The Example of the State Secrets Privilege (2016) (unpublished LL.M. thesis, Duke University School of Law)
Available at: https://scholarship.law.duke.edu/mjs/19
Library of Congress Subject Headings
Political questions and judicial power, Judicial review, National security, Judicial process, Executive privilege (Government information), Security classification (Government documents)