An interview with Pulitzer Prize-winning journalist Barry Siegel author of Claim of Privilege: A Mysterious Plane Crash, a Landmark Supreme Court Case, and the Rise of State Secrets.
Siegel unfolds the shocking true story behind the Supreme Court case that forever changed the balance of power in America.
On October 6, 1948, a trio of civilian engineers joined a U.S. Air Force crew on a B-29 Superfortress, whose mission was to test secret navigational equipment. Shortly after takeoff the plane crashed, killing all three engineers and six others. In June 1949, the widows of the engineers filed suit against the government. What had happened to their men? they asked. Why had these civilians been aboard an Air Force plane in the first place?
But the Air Force, at the dawn of the Cold War, refused to hand over the accident reports and witness statements, claiming the documents contained classified information that would threaten national security. The case made its way up to the Supreme Court, which in 1953 sided with the Air Force in United States v. Reynolds. This landmark decision formally recognized the "state secrets" privilege, a legal precedent that has since been used to conceal conduct, withhold documents, block troublesome litigation, and, most recently, detain terror suspects without due-process protections.
Siegel, a Pulitzer Prize winning former national correspondent for Los Angeles Times, directs the literary journalism program at UC Irvine where he is a professor of English. He is the author of six books, including three volumes of narrative nonfiction and three novels set in imaginary Chumash County on the central coast of California.