|
|
Article: Criminal law - Classified Information Procedures Act - Second Circuit holds that government may withhold classified information unless information would be "relevant and helpful" to defense.
- Article from:
- Harvard Law Review
- Article date:
- December 1, 2008
CopyrightCOPYRIGHT 2008 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
The Classified Information Procedures Act (1) (CIPA) is designed to allow the government to protect sensitive information from disclosure in a criminal prosecution, without thereby impairing the defense of the accused. (2) As its name implies, CIPA specifies procedures by which courts adjudicate issues surrounding disclosure or protection of classified information, but it specifies neither the source nor the scope of any privilege the government might enjoy in withholding classified information sought by the defense. (3) Recently, in United States v. Aref, (4) the Second Circuit held that the state secrets privilege enabled the government to refuse discovery of information ...