In the Name of National Security: Unchecked Presidential Power and the Reynolds Case

In the Name of National Security examines the 1953 Supreme Court case United States v. Reynolds and its lasting impact on state secrets privilege in American law. The book follows the key players and events surrounding a fatal B-29 crash, the widows who sought answers, and the government's assertion of security concerns to block evidence. Louis Fisher reconstructs the legal battle through court documents, interviews, and declassified materials to present the full context of this pivotal case. The narrative traces how a specific incident involving military aircraft testing evolved into a precedent that expanded executive branch power. The work analyzes the subsequent decades of state secrets claims and their effects on American democracy, civil liberties, and governmental accountability. Fisher demonstrates how the Reynolds case continues to influence current debates about national security and transparency. The book raises fundamental questions about the balance between legitimate security needs and democratic oversight in times of conflict and crisis. At its core, this historical investigation examines the tensions between executive authority and the public's right to know.

Readers appreciate Fisher's detailed investigation of how the state secrets privilege evolved from the Reynolds case and its impact on executive power. Many note the book reveals important historical context about government deception that remains relevant today. Positive reviews highlight: - Clear explanation of complex legal concepts - Thorough research and documentation - Compelling narrative that blends personal stories with legal analysis Main criticisms: - Some sections are dense with legal terminology - A few readers found the writing dry and academic - Limited scope focusing primarily on one case Ratings: Goodreads: 3.6/5 (12 ratings) Amazon: 4.2/5 (5 ratings) Notable reader comment: "Fisher methodically exposes how a Supreme Court ruling based on government deception became precedent for expanded executive secrecy claims" - Amazon reviewer The book has limited reviews online, likely due to its specialized legal/academic focus.

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🔒 The Reynolds case (1953), which established the "state secrets privilege" in U.S. law, was later discovered to have been based on a government deception—the "secret" documents contained no military secrets but rather evidence of Air Force negligence. ✈️ The fatal B-29 crash that sparked the Reynolds case killed civilian engineers who were testing classified electronic equipment. Their widows were offered a settlement of only $5,000 each, leading to the landmark lawsuit. 📚 Author Louis Fisher served as Senior Specialist in Separation of Powers at the Library of Congress for four decades and has testified before Congress on executive privilege, war powers, and other constitutional issues. ⚖️ The state secrets privilege established in Reynolds has been increasingly used post-9/11, with the government invoking it over 400% more frequently than during the Cold War era. 🏛️ The Supreme Court has never overturned or significantly modified the state secrets doctrine from Reynolds, despite evidence that the original case was based on fraudulent government claims.