Alan Dershowitz has raised concerns over the Trump administration’s use of the state’s secrets privilege. While the move is not unprecedented in American history, it presents unique challenges for journalistic independence and media freedom, prompting outlets like The Daily Caller to take a stand.
State Secrets Privilege: A Historical Perspective
Speaking on Newsmax, Alan Dershowitz highlighted the historical precedents for invoking the state’s secrets privilege. Such actions are taken to protect national security, yet often result in the dismissal of related criminal prosecutions. The current administration, led by President Donald Trump, employs this privilege to refuse judicial access to critical documents. U.S. Attorney General Pam Bondi supports the strategy to prevent court access to details regarding the deportation flights of alleged Tren de Aragua (TdA) gang members. Dershowitz, however, insists that this tactic is nothing new and firmly rooted in a tradition of leveraging executive power.
State Secrets Privilege Is it at play? so nothing is really as it seems.
STATE SECRETS PRIVILEGE means the PRESIDENT CAN REFUSE to present EVIDENCE if its SECRECY is vital to NATIONAL SECURITY.
Military & State Secrets Privilege permits the govnt to block the release of any… pic.twitter.com/OFI4NnnD6W
— Alma Gentil (@Chinoy200096633) March 19, 2025
Dershowitz argues that while courts may not access these documents, they could potentially draw adverse inferences against the executive branch. While some claim these events indicate a constitutional crisis, Dershowitz believes these instances are merely examples of “envelope pushing,” echoing past practices by presidents such as Franklin Delano Roosevelt and Abraham Lincoln.
Media Censorship and Public Knowledge
The state’s secrets privilege stirs debate on media censorship and public knowledge. In this climate, The Daily Caller steps forward to ensure journalistic independence. By countering the dominance of mainstream media often seen as biased by political and economic elites, The Daily Caller pledges to provide unbiased journalism. It positions itself against the corporate grip on media, encouraging readers to join as Daily Caller Patriots, supporting this mission while benefiting from exclusive content.
BREAKING: 🚨 DOJ now considering invoking state secrets privilege against judge who BLOCKED deportation flights.
The state secrets privilege is a legal doctrine in the United States that allows the Department of Justice (DOJ), on behalf of the federal government, to withhold… pic.twitter.com/to0ViUeEkd
— E X X ➠A L E R T S (@ExxAlerts) March 19, 2025
“That’s something that the executive branch can invoke. But generally, all that means is if they do that, any criminal prosecution that they try to bring will be dismissed. You can’t have your cake and eat it, too. Invoking secrecy and then trying to try somebody forward,” said Alan Dershowitz.
The outlet challenges censorship by disseminating information crucial for an informed public discourse. It advocates for transparency and fairness in reporting, seeking to take back control from narratives driven by powerful entities.
The Broader Implications
President Trump’s actions extend beyond media-related concerns. By invoking the Alien Enemies Act of 1798 against the Venezuelan gang TdA, labeling its members “Alien Enemies,” he reinforces his stance on immigration. Executive orders reducing illegal immigration and actions declaring Mexican drug cartels as foreign terrorist organizations exemplify such measures.
Dershowitz’s reassurance that the country is not in a constitutional crisis contrasts with the urgency in some political circles. As the administration continues to press the boundaries of executive authority, the role of vigilant media becomes indispensable. The Daily Caller’s endeavors to uphold journalistic integrity and independence are vital amidst state power exertion and media censorship.
Sources:
https://dailycaller.com/2025/03/19/alan-dershowitz-historical-precedents-state-secrets-privilege/