Bush administration claimed state secrets to block Supreme Court case ... used 39 times since 2001 ... vs. 6 times from 1952-1976

Court Rejects Alleged CIA Kidnap Victim | Oct 9, 11:53 AM (ET) | By MARK SHERMAN

WASHINGTON (AP) - The Supreme Court on Tuesday terminated a lawsuit from a man who claims he was abducted and tortured by the CIA, effectively endorsing Bush administration arguments that state secrets would be revealed if the case were allowed to proceed.

Khaled el-Masri, 44, alleged that he was kidnapped by CIA agents in Europe and held in an Afghan prison for four months in a case of mistaken identity.
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... U.S. presidents used the state secrets privilege six times from 1953 to 1976, according to OpenTheGovernment.org. Since 2001, it has been used 39 times, enabling the government to unilaterally withhold documents from the court system, the group said.
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The U.S. government has neither confirmed nor denied el-Masri's account. But German Chancellor Angela Merkel has said that U.S. officials acknowledged that El-Masri's detention was a mistake.

El-Masri's account also has been bolstered by European investigations and U.S. news reports. In January, German prosecutors issued arrest warrants for 13 suspected CIA agents who allegedly took part in the operation against him.
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The state secrets privilege arose from a 1953 Supreme Court ruling that allowed the executive branch to keep secret, even from the court, details about a military plane's fatal crash.

Three widows sued to get the accident report after their husbands died aboard a B-29 bomber, but the Air Force refused to release it claiming that the plane was on a secret mission to test new equipment. The high court accepted the argument, but when the report was released decades later there was nothing in it about a secret mission or equipment.