June 4th. 2006
Sent to but not published in the New York Times

Thank you for your article (Invoking Secrets Privilege Becomes a More Popular Legal Tactic by U.S., New York Times, June 3rd. 2004.) on the State Secrets Privilege.

I looked in vain for some solution to the competing demands of secrecy and justice. Surely a Special Court, akin to that set up by the Foreign Intelligence Surveillance Act, could be created that would deal with cases needing the disclosure of sensitive information.

I was also disappointed that you did not mention the fact that the Third Circuit Court of Appeal refused to reconsider the original state secret case of 1953 that some believe was based on inaccurate information being provided to the Courts by the US Air Force. It is important that this case be carefully re-examined to ensure that the privilege rests on sound grounds.