classified information procedures act

• The Slow Erosion of the Adversary System: Article III Courts, Fisa, Cipa and Ethical Dilemmas

Introduction I. Classified Information Procedures Act and Foreign Intelligence Surveillance Act in the Courts A. Fundamentals of the Adversarial System B. Classified Information Procedures Act C. Fundamental Ethical Conflicts for Diligent, Competent, Zealous Defense Counsel D. Foreign Intelligence Surveillance Act II. Secret Evidence Is Seeping into the Criminal Justice System III. Modest Proposals IV. Conclusion

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. V-1, January 2007

• Keeping Government Secrets: A Pocket Guide for Judges On the State-Secrets Privilege, the Classified Information Procedures Act, and Court Security Officers

Federal Judicial Center, Keeping Government Secrets: A Pocket Guide for Judges on the State-Secrets Privilege, the Classified Information Procedures A...

• Justice System Journal
• Vol. 30 Nbr. 2, May 2009

• Prepared Remarks of Deputy Attorney Paul J. Mcnulty at the American Enterprise Institute, Washington, D.C. (Part 3 of 3)

WASHINGTON, May 24 /U.S. Newswire/ -- Following are the prepared remarks of Deputy Attorney General Paul J. McNulty at the American Enterprise Institute in Washington, D.C. (Part 3 of 3): The Portland Seven case provides a useful illustration. The case arose out of Jeffrey Battle and others' efforts in 2001 to enter Afghanistan and fight alongside the Taliban against United States and allied forces. The prosecution entailed the use of classified materials, including electronic surveillance obtained pursuant to the Foreign Intelligence Surveillance Act. In using the evidence, prosecutors took care to adhere to the procedures delineated in the Classified Information Procedures Act by, for example, providing certain notices to defense counsel and the Court and obtaining certain protecti...

• U.S. Newswire
• May 24, 2006

• Keeping Government Secrets: A Pocket Guide for Judges On the State-Secrets Privilege, the Classified Information Procedures Act, and Court Security Officers

Keeping Government Secrets: A Pocket Guide for Judges on the State-Secrets Privilege, the Classified Information Procedures Act, and Court Security Of...

• Justice System Journal
• Vol. 30 Nbr. 1, January 2009

• Analyzing the Constitutional Tensions and Applicability of Military Rule of Evidence 505 in Courts-Martial Over United States Service Members: Secrecy in the Shadow of Lonetree

Kastenberg analyzes Military Rules of Evidence 505 in both a comparative and Constitutional context. He also provides a procedural overview of both MRE 505, and its federal counterpart, the Classified Information Procedures Act, for protecting evidence vital to national security in the criminal court context.

• Air Force Law Review, The
• Nbr. 55, July 2004

• Ethical Issues in Defending A Terrorism Case: How Secrecy and Security Impair the Defense of a Terrorism Case

The Special Administrative Measures (the "S.A.M.s"). II. The Foreign Intelligence Surveillance Act ("FISA").III. Classified Information Procedures Act ("CIPA"). IV. Application of Legal Principles and Law Enforcement Techniques in Terrorism Cases to "Ordinary" Criminal Cases

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. II-1, December 2003

• 40 CFR 68.3 - Definitions.

...Classified information means ?classified information? as defiined in the Classified Information Procedures Act, 18 U.S.C. App. 3, section 1(a) as ?any inform...

• Code of Federal Regulations - Title 40: Protection of Environment

• Secret Ruling in Qwest Case

DENVER -- A federal judge has issued a secret ruling about the relevance of classified government documents that former Qwest Chief Executive Officer Joe Nacchio wants to use in his defense against insider trading charges. In his memorandum and order, which were filed with the court late Tuesday, U.S. District Judge Edward Nottingham said he explained his decision regarding the documents but the bulk of it, 25 pages, was sealed under the Classified Information Procedures Act.

• Deseret News (Salt Lake City)
• October 26, 2006

• Hard Talk Forum: Should the U.S. Government Close the Guantanamo Bay Detention Facility?

Under recent Supreme Court decisions, and the Military Commissions Act passed by Congress in 2006, detainees have a right to judicial review both of their classification as enemy combatants and of any criminal sentence passed against them. [...] despite their illegitimate methods of warfare, the Guantanamo detainees have received more due process rights than even soldiers of sovereign states merit under the Geneva Conventions. The detainee can be held only if the board concludes that he is an enemy combatant by a preponderance of the evidence, and this decision is subject to review by the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court.

... courts are fully capable of protecting classified evidence via the Classified Information Procedures...

• Americas Quarterly
• Vol. 2 Nbr. 1, January 2008

• Attorneys, Judge Discuss Evidence in Nacchio Trial

DENVER (AP) -- With a little more than two months until trial, prosecutors and attorneys for former Qwest chief Joe Nacchio met privately with a judge Friday to discuss secret documents the defense wants to use at his insider-trading trial. The closed-door session, which lasted about 2 1/2 hours, was the latest in a string of conferences where the parties reviewed government documents that are withheld from the public's view under the Classified Information Procedures Act.

• Deseret News (Salt Lake City)
• January 13, 2007