This is the first in a series of posts on the Classified Information Procedures Act (CIPA). CIPA is a critical law for national security prosecutions: It establishes a number of key procedures that facilitate a balance between the fundamental rights of defendants in criminal trials and the government’s interests in keeping classified information out of the wrong hands. This post provides an overview of CIPA, some of its principal legal disputes, and a sense of how CIPA has been recently applied.
Latest in Criminal Law: Procedural
Recent news reports indicate that the FBI has obtained a warrant to search a cache of emails belonging to Hillary Clinton aide Huma Abedin. The emails were discovered in the course of an “unrelated case” involving Abedin’s now-estranged husband, Anthony Weiner, who is under investigation for allegedly sexting with an underage girl.
Recent high-profile cases involving digital searches and seizures have largely focused on government access to data, from the battle over breaking strong encryption to the debates over whether a warrant is required to hack a computer or to obtain private communications from a third-party service provider.
Jury selection in the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev has dragged on for over a month. Since January 5, over 150 potential jurors have been questioned, and still the judge proceeds haltingly through a pool filled with preconceptions about Tsarnaev’s guilt and fury at what the bombing’s perpetrators.
Wells already flagged yesterday's D.D.C.
James Connell III, lawyer for 9/11 accused Ammar al-Baluchi, had this to say today:
"The CIA and its defenders are using Mr. al Baluchi as a scapegoat for its illegal and reprehensible use of torture," said James Connell, civilian attorney for Mr. al Baluchi. "The United States spent incredible amounts of money, energy, and American credibility, and now the CIA is pointing at Mr.
Today your correspondent returns to Fort Meade, to take in CCTV-broadcasted, pre-trial hearings in the military commission case of United States v. Al-Nashiri. The hearing gets underway at Guantanamo at 0900. As always, we'll post dispatches on the day's events, in our "Events Coverage" section.
I am thumbing through the long-awaited and seemingly split ruling, which opens as follows:
Such was the exceedingly unshocking result of this morning's exceedingly brief detention hearing in the criminal case against Ahmed Abu Khattala.
In his remarks, prosecutor Michael DiLorenzo essentially summarized his side's written filing. It had put forth various reasons why, under the Bail Reform Act, no conditions of release would ensure the public safety in advance of Abu Khattala's trial.
You've likely heard: Abd al-Rahim al-Nashiri, a Guantanamo detainee facing capital military commission charges, last month mounted a new habeas challenge in the district court for D.C.