The privilege is based on it being in the public interest for information to be withheld -- that its disclosure would threaten the nation's security, not that i

The privilege is based on it being in the public interest for information to be withheld -- that its disclosure would threaten the nation's security, not that it would threaten the executive branch's authority or ability to do its job. It being none of the courts' business, and the exposure threatening national security, are two different arguments. Other forms of executive privilege that protect autonomy are easier to invoke, and easier to challenge. State secrets privilege cannot be used lightly. It's used all the time now, and there is reason to be suspicious that it is used fraudulently. The courts really need to figure out a way to in principal allow US citizens bring a case in situations like this. You have to prove now, in essence, that your name is on an invisible piece of paper. I agree that the nomination procedure is extremely sensitive, but I think there is some room on the yes/no presence of someone on the kill list, given other supporting evidence. The danger is that we reveal to someone that we're trying to kill them -- but again, we're talking about a citizen, and if they have supporting evidence and are in court then they already suspect that.