Claire Finkelstein of the Law School wrote about a Supreme Court decision that affirmed the government’s ability to withhold evidence in the name of national security. “The judicial test for the appropriateness of asserting the privilege requires a court to grant the government the right to invoke the privilege in the first place. The result is that the government cannot meet its burden because the evidence is too sensitive even to reveal to a court for preliminary review,” she said.

March 28, 2022 ・ From Bloomberg