Claim of Privilege: A Mysterious Plane Crash, a Landmark Supreme Court Case, and the Rise of State Secrets

New York: Harper, June 2008. Hardcover. First Edition (stated) / full number line. Fine book in an As New jacket. Remainder mark. Not from a library. Not clipped. xii + 384 pages.

In 1948, three civilian engineers were killed in an Air Force plane crash while testing secret navigational equipment. The widows filed suit, but the Air Force, at the dawn of the Cold War, refused to hand over accident reports and witness statements, claiming the documents contained classified information that would threaten national security. In 1953 the Supreme Court sided with the Air Force in United States v. Reynolds, formally recognizing the "state secrets" privilege, a legal precedent since used to conceal conduct, withhold documents, block troublesome litigation, and, most recently, detain terror suspects without due process. A half century later, the government revealed the "top-secret" information--there were no national security secrets, but rather a shocking chronicle of negligence. This book tells the story of this shameful incident, and the dangerous consequences of this historic cover-up: the violation of civil liberties and the abuse of constitutional protections.

Pt. 1. CHALLENGES (June 1946 - June 1949): Banshee days -- B-29 bombers -- Delays and progress -- Final exam -- The flight -- Aftermath -- Response -- Folsom's letter -- Special investigation -- Pt. II. COURTROOMS (Dec 1948 - Dec 1953): Thoughts of redress -- Charles Biddle -- The complaint -- Judge Kirkpatrick -- A claim of privilege -- The hearing -- Full value -- Judge Maris -- The Vinson Court -- A nice opinion -- Pt. III. CONSEQUENCES (July 1953 - Oct 2002): Judy -- The progeny of "Reynolds" -- What to search for -- How to get started -- Waycross -- Pt. IV. REVELATIONS (July 2002 - Sep 2007): On the side of right -- Routes of relief -- A creative try -- Other types of comfort -- The Albert Maris courtroom -- The finality of judgment -- Just one more mission.