Via FAS, 2011 DOJ Report released this week: State Secrets Privilege Report – “The Government has invoked the state secrets privilege sparingly and appropriately. At the time of the Task Force review, the privilege had been invoked in a very small number of cases out of the thousands of cases the Department was litigating…In each pending case evaluated by the Task Force, the Government had provided reviewing courts with lengthy, well documented classified submissions setting forth the information that the litigation threatened to expose, the national security interests at stake, and other relevant information. These factual submissions uniformly provided the court with an ample basis for understanding why the evidence in question could not be made public and why the claims and defenses at issue could not be litigated without a disclosure that reasonably could be expected to cause significant harm to national security.”