One of the rules most frequently invoked to exclude evidence is that of the privileged communication—between husband and wife, attorney and client or physician and patient. In contrast, a voice claiming the privilege to exclude evidence because it involves military secrets has seldom been heard in the courtroom. Yet it is recognized as a genuine testimonial privilege of early origin. In the present era of intensive military preparation—often of a nature most secret, yet in close contact with civilian life—it is appropriate to examine the scope and mechanics of the privilege. At the outset a word of limitation is necessary. This discussion relates essentially to the privilege related to military secrets; it does not deal with any broad Executive privilege or immunity.
Robert F. Brachtenbach,
The Privilege Against Revealing Military Secrets,
29 Wash. L. Rev. & St. B.J.
Available at: https://digitalcommons.law.uw.edu/wlr/vol29/iss1/3