>they can use this as justification to keep anything they want secret, even when there is no real national security concern with revealing the information.
Aren't these secrets revealed to the judge, who then decides if the intel agency is justified in state secrets defense? At least that is a check and balance.
Even if this does happen, a judge would (justifiably) be heavily inclined to take the advice of the intelligence community on whether or not the secrecy rating is warranted.
Aren't these secrets revealed to the judge, who then decides if the intel agency is justified in state secrets defense? At least that is a check and balance.