Thursday, March 22, 2007

Navy: National Security trumps environmentalist courtroom discovery needs

The Navy is saying "No!" to litigation discovery demands made by environmental groups suing the Navy with respect to Navy sonar and the whales and other marine mammals, as set out in Navy Takes Legal Steps to Safeguard Classified Information.

This bounces the issue to the judge to decide if the Navy's assertion of "state secrets" is appropriate.

I hope the Navy takes the issue as far as the plaintiffs want to push it.

I note that "state secrets'," "trade secrets," and various privileges are often invoked in pretrial discovery and often upheld.

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