Next Friday the DC Circuit will hear argument in a case stemming from the military commissions, but which has broader applicability to any case involving classified information. A commissions defense attorney (Phil Sundel) was denied access to a closed hearing in a GTMO commission case despite possessing a TS/SCI clearance (he was not representing the accused in the specific proceeding). He is now before the DC Circuit on the collateral order doctrine asserting a First Amendment right to view the proceedings as a member of the public. Here are the brief and response, and a more recent order from the court indicating that it is concerned with standing and jurisdiction. Brenner FissellEIC Comments are closed.
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