And that in a nutshell is the problem - does the state secrets privilege protect even unconstitutional state behavior? If the only requirement to assert the privilege, as the government claims, is that a judge - in secret, of course - determine the existence of a secret program, no constitutional analysis need follow. Under this logic, national security will always trump the Bill of Rights.
Go here:
http://www.prisonplanet.com/articles/august2007/240807NSA.htm
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