Or will it be dropped, with potentially far-reaching implications for how others treat state secrets?
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Ellsberg notes that there have been five prosecutions on release of state secrets during the Obama Administration.
The Bush administration has refused to share records of the program with federal courts, invoking a "state secrets" privilege.
Mr. BANKSTON: And that we can prove our case and it shouldn't be dismissed without getting into state secrets.
Ben Wizner says the administration is asking the judge to block the case because it might reveal state secrets.
But the government intends to assert the state secrets privilege in this case too and that could kill the suit.
"Man on a Ledge" takes its sweet time explaining Nick's problem, and his intended solution, doling out relevant details like state secrets.
We are declassifying more information and embracing more oversight of our actions, and we're narrowing our use of the state secrets privilege.
It later emerged Markovic was also being investigated for revealing state secrets.
Late Friday, Attorney General Eric Holder said he had assigned two U.S. attorneys to lead investigations into the possible leaking of state secrets.
While Saudi Arabia guards its oil production and reserves as state secrets, the nation has recently announced three long-awaited oilfields have begun production.
Mr Mahmoudi's lawyers have expressed fears for his life, saying he now has sole knowledge of many of the state secrets from Gaddafi's time in power.
The government wants the judge to dismiss the ACLU lawsuit and cites what's known as the state secrets privilege, and there's plenty of precedent.
Zittrain says Ellsberg said he is against a state secrets act, but does not say that there is no information that should be secret.
The House of Lords has rejected former MI5 agent David Shayler's bid to use a "public interest" defence in his upcoming "state secrets" trial.
He may give away many Rwandan state secrets if he is handed over to the Congolese authorities, who want to try him for war crimes.
Radomir Markovic, the once-feared head of state security, was among three defendants sentenced on Friday to a year in jail on charges of revealing state secrets.
Mr Shayler is accused of disclosing state secrets in 1997 in a series of newspaper articles about alleged illegal activities and incompetence in the security services.
There was a case of an FBI translator named Sibel Edmunds who appealed her dismissal and her case was thrown out on the basis of state secrets.
Kamm is on trial for stealing state secrets with the intent of harming state security and Blau, who fled to London, returned to Israel with the stolen documents.
The Vatican prosecutor is also considering further possible, and more serious, charges against both Paolo Gabriele and Claudio Sciarpelletti - including violation of state secrets and attacking state security.
And they have a high-ranking official, the head of the CIA, in many cases, or the head of the National Security Agency, sign a stipulation that says state secrets are at risk.
Lawyers for the group said they were in a Catch-22, unable to prove the government used the information from the wiretaps against Al-Haramain, after the government cited national security and state secrets.
The Bush administration has invoked state secrets several times recently, on two sets of issues: telephone data searches and on what's known as extraordinary rendition, the transfer of terrorism suspects to third countries.
But WikiLeaks, which is known for publishing state secrets, apparently has found a new home for its files: A Cold War bunker, inside a Swedish mountain, that's been described as fit for a "James Bond" movie.
And it was the same law firm that originally filed the case in Pennsylvania - brought it again, I believe, around 2000, and, again, lost on the State Secrets Privilege and on the finality of decision making.
They were accused of stealing state secrets.
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Originally, the prosecutor had raised other possible charges of conspiracy, crimes against the Vatican City State, defamation and revealing state secrets (all Vatican employees are required to swear an oath of secrecy regarding everything they see and learn in the course of their duties).
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Ms. TASIA SCOLINOS (Spokesperson, Justice Department): And if the agency head determines that disclosure of that information would cause harm to the country, the Justice Department would review the proposed state secrets privilege claim and determine whether its assertion is appropriate in the litigation.
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