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State Secrets, the USA Patriot Act, and the War on Terrorism 

The state secrets privilege and the USA Patriot Act are both important laws in the United States. You may be familiar with the USA Patriot Act. Congress enacted it after the terrorist attacks of 9/11 to advance national security and ensure American safety against terrorism. The state secrets privilege is a much older law. As early as 1875, the federal government used the state secrets privilege to address matters of national security. The federal government may invoke the state secrets privilege when the president believes it is necessary to do so. In the wake of the war on terrorism, the federal government increased its application of the states secrets privilege to address terrorism.

For this Discussion, you explore a Supreme Court case involving the use of the state secrets privilege in the war on terrorism. As you review the case and enter into the Discussion with your colleagues, be prepared to state your position on the use of the state secrets privilege secrets in the war on terrorism.