Hencely v. Fluor Corp. · ¶79

This suit threatens many other harms to federal interests as well. The parties may seek discovery of sensitive documents about security threats at Bagram and about the trade- offs refected in setting security policy. The United States will have to decide whether public disclosure of such documents is consistent with the Nation's defense and foreign policy interests, and its only way to resist their disclosure may be the invocation of the state-secrets privilege. For good reason, the Government does not lightly assert that privilege; it is “the option of last resort.” General Dynam ics Corp. v. United States, 563 U. S. 478, 492 (2011). But in this case, the Government has not yet ruled it out. Brief for United States as Amicus Curiae 21, n. 1.

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