Legal Definitions - state secret

A state secret refers to specific information held by the government that, if publicly revealed, would pose a significant threat to the national defense or diplomatic interests of the United States. This information is typically military or diplomatic in nature, and its disclosure is considered to be against the public interest.

Because of the potential harm, state secrets are legally protected from being disclosed in ordinary court proceedings. This protection is known as the state-secrets privilege, meaning the government can prevent witnesses from revealing such information even if it might be relevant to a lawsuit.

Here are some examples illustrating what constitutes a state secret:

• Example 1: Advanced Weapon System Blueprints

  Imagine a scenario where a defense contractor is involved in a legal dispute with the government over a contract for a new military aircraft. During the lawsuit, the contractor's lawyers request access to the detailed design specifications and operational capabilities of a highly classified, next-generation stealth bomber. The government would likely assert that these blueprints and specifications are a state secret. Revealing such intricate details could provide critical intelligence to foreign adversaries, allowing them to develop countermeasures or exploit vulnerabilities, thereby directly jeopardizing national defense and the safety of military personnel. A court would likely uphold this privilege, preventing the disclosure of this sensitive information.

• Example 2: Covert Diplomatic Negotiations

  Consider a civil lawsuit brought by a human rights organization against the U.S. government, alleging certain actions related to a foreign conflict. The organization seeks internal State Department memoranda detailing secret, ongoing negotiations with a volatile foreign power concerning a hostage situation or a sensitive international arms control agreement. The government could argue that these specific diplomatic communications are state secrets. Public disclosure of the precise terms, strategies, or concessions being discussed could derail the negotiations, endanger the lives of hostages or diplomatic personnel, or severely damage the United States' ability to conduct future foreign policy, thus harming diplomatic interests and the broader public good.

• Example 3: Intelligence Gathering Methods

  Suppose a former intelligence agency employee is on trial for illegally leaking classified information. As part of their defense, the employee's legal team attempts to compel a high-ranking intelligence official to testify and reveal the specific, highly technical methods and sources used by the agency to track a particular international terrorist network. The government would almost certainly invoke the state secret privilege. Exposing these intelligence-gathering techniques would not only compromise current operations but also render those methods useless for future national security efforts, potentially endangering intelligence assets and allowing terrorist organizations to evade detection. The court would likely prevent the disclosure of these methods due to their critical importance to national security.