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Congress has never acted to codify the state secrets privilege. It considered doing so in the 1970s but specifically chose not to include the privilege in the federal rules of evidence. Nonetheless, dating from its application in the Reynolds case, the state secrets privilege has been repeatedly invoked, often with disturbing results. This is why we, in cooperation with the Constitution Project, have joined with a bipartisan coalition of policy experts, legal scholars and former government officials in calling on Congress to limit the privilege's use PDF. (WaPo)Case Studies in State Secrets from Federation of American Scientists