What is the test for asserting state secrets privilege?
MultiRegion, United States of America
The following excerpt is from Harris v. Quillen, Case No. 1:17-cv-01370-DAD-SAB (PC) (E.D. Cal. 2020):
Before balancing of interests of the party seeking discovery against the governmental entity asserting the privilege, the party invoking the privilege must make a "substantial threshold showing" by affidavit or declaration. Soto v. City of Concord, 162 F.R.D. 603, 613 (N.D. Cal. 1995). The affidavit or declaration must include:
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