New Government Report: Protecting Classified Information (CI) and the Rights of Criminal Defendants
by Edward Liu, Todd Garvey
Paperback, 11 pages, 2011, $10.00
A criminal prosecution involving CI may cause tension between the government’s interest in protecting CI and the criminal defendant’s right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose CI in an effort to gain leverage. Concerns about this practice, referred to as “graymail,” led Congress to enact the Classified Info. Procedures Act (CIPA) to provide uniform procedures for prosecutions involving CI. Contents of this report: Background; The CIPA: Pretrial Conferences, Required Notice, and Appeals; Protective Orders and Security Clearances; Discovery: Brady and Jencks Material; Depositions; Admissibility of CI: Substitutions; Confrontation Clause and the Silent Witness Rule. A print on demand report.