Decryption Originalism: The Lessons of Burr

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  During the 1807 treason trial of Aaron Burr, with Chief Justice John Marshall presiding, the government asked Burr's private secretary if he knew the cipher to an encrypted letter Burr had sent to a co-conspirator. Burr's secretary invoked the privilege against self-incrimination, leading to an extensive debate on the meaning of the privilege and […]

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