"The Bush administration is aggressively wielding a rarely used executive power known as the state secrets privilege in an attempt to squash hard-hitting court challenges to its anti-terrorism campaign.
How the White House is using this privilege, not a law but a series of legal precedents built on national security, disturbs some civil libertarians and open-government advocates because of its sweeping power. Judges almost never challenge the government's assertion of the privilege, and it can be fatal to a plaintiff's case.
The government is invoking the privilege in an attempt to wipe out the heart of a lawsuit that seeks to examine rendition, the secretive and controversial practice of sending terror suspects to foreign countries where they might be tortured."