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National Security Case Studies

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National Security Case Studies National Security Case Studies Special Case-Management Challenges Robert Timothy Reagan Federal Judicial Center February 22, 2010 This Federal Judicial Center publication was undertaken in furtherance of the Centers statutory mission to develop and conduct education programs for the judicial branch. The views expressed are those of the author and not necessarily those of the Federal Judicial Center. Table of Contents Table of Challenges .......................................................................................................... vii Table of Judges ................................................................................................................. ix Introduction ....................................................................................................................... 1 First World Trade Center Bombing United States v. Salameh (Kevin Thomas Duffy, S.D.N.Y.) and United States v. Abdel Rahman (Michael B. Mukasey, S.D.N.Y.) ............................................................... 2 Challenge: Court Security ......................................................................................... 18 Challenge: Jury Security .......................................................................................... 18 Challenge: Classified Evidence ................................................................................ 19 American Embassies in Kenya and Tanzania United States v. El-Hage (Leonard B. Sand, Kevin Thomas Duffy, and Lewis A. Kaplan, S.D.N.Y.) ............................................................................................................ 20 Challenge: Attorney Client Contacts ....................................................................... 31 Challenge: Mental Health During Detention ............................................................ 32 Challenge: Jury Security .......................................................................................... 33 Challenge: Court Security ........................................................................................ 33 Challenge: Witness Security .................................................................................... 34 Challenge: Religious Accommodation ..................................................................... 34 Challenge: Classified Evidence ................................................................................ 35 Challenge: Classified Arguments ............................................................................. 37 Challenge: Classified Order ..................................................................................... 37 Challenge: Subpoenaing a Cabinet Officer .............................................................. 37 Millennium Bomber United States v. Ressam (John C. Coughenour, W.D. Wash.) ........................................ 39 Challenge: Classified Evidence ................................................................................ 47 Challenge: Examination of Foreign Witnesses ........................................................ 48 Challenge: Court Security ........................................................................................ 48 Challenge: Jury Security ........................................................................................... 49 Challenge: Witness Security .................................................................................... 49 A Would-Be Spy United States v. Regan (Gerald Bruce Lee, E.D. Va.) ..................................................... 50 Challenge: Classified Evidence ................................................................................ 51 Detroit United States v. Koubriti (Gerald E. Rosen, E.D. Mich.) ................................................ 54 Challenge: Jury Security .......................................................................................... 58 Challenge: Sanctioning a Cabinet Officer ................................................................ 59 Challenge: Classified Evidence ................................................................................ 60 Twentieth Hijacker United States v. Moussaoui (Leonie M. Brinkema, E.D. Va.) ......................................... 62 Challenge: Attorney Appointment ........................................................................... 72 iii Challenge: Court Security ........................................................................................ 72 Challenge: Jury Security .......................................................................................... 73 Challenge: Classified Evidence ................................................................................ 73 Challenge: Classified Arguments ............................................................................. 75 Challenge: Closed Proceedings ................................................................................ 77 Challenge: Classified Opinion .................................................................................. 78 Challenge: Terrorist Communications ..................................................................... 78 American Taliban United States v. Lindh (T.S. Ellis III, E.D. Va.) .............................................................. 81 Challenge: Protected National Security Information ............................................... 83 Challenge: Classified Evidence ................................................................................ 85 Challenge: Interviewing Guantánamo Bay Detainees .............................................. 85 Challenge: Witness Security .................................................................................... 86 September 11 Damages In re Terrorist Attacks on September 11, 2001 (Richard Conway Casey and George B. Daniels, S.D.N.Y.) and In re September 11 Litigation and related actions (Alvin K. Hellerstein, S.D.N.Y.) .......................................................................... 87 Challenge: Service of Process on International Terrorists ..................................... 102 Challenge: Classified Evidence .............................................................................. 103 Challenge: Discovery of Sensitive Security Information ....................................... 103 Dirty Bomber Padilla v. Rumsfeld (Michael B. Mukasey, S.D.N.Y.), Padilla v. Hanft and Padilla v. Rumsfeld (Henry F. Floyd, D.S.C.), and United States v. Hassoun (Marcia G. Cooke, S.D. Fla.) ........................................................................................ 106 Challenge: Attorney Client Contacts ..................................................................... 113 Challenge: Mental Health During Detention .......................................................... 114 Challenge: Classified Arguments ........................................................................... 115 Challenge: Witness Security .................................................................................. 115 Challenge: Court Security ...................................................................................... 116 Challenge: Jury Security ........................................................................................ 116 Challenge: Classified Evidence .............................................................................. 116 Challenge: FISA Evidence ..................................................................................... 117 Lackawanna United States v. Goba (William M. Skretny and H. Kenneth Schroeder, Jr., W.D.N.Y.) ...................................................................................................................... 119 Challenge: Classified Evidence .............................................................................. 123 Challenge: Court Security ...................................................................................... 124 Challenge: Religious Accommodation ................................................................... 124 A Plot to Kill President Bush United States v. Abu Ali (Gerald Bruce Lee, E.D. Va.) ................................................. 125 Challenge: Examination of Foreign Witnesses and Witness Security ................... 126 Challenge: Attorney Client Contacts ..................................................................... 128 Challenge: Classified Evidence .............................................................................. 128 iv Challenge: Classified Arguments ........................................................................... 129 Paintball United States v. Royer and United States v. Al-Timimi (Leonie M. Brinkema, E.D. Va.), United States v. Chandia (Claude M. Hilton, E.D. Va.), and United States v. Benkahla (James C. Cacheris, E.D. Va.) ...................................................................... 132 Challenge: Classified Evidence .............................................................................. 139 Challenge: Closed Proceedings .............................................................................. 139 Challenge: Classified Arguments ........................................................................... 140 Challenge: Attorney Client Contacts ..................................................................... 140 Challenge: Religious Accommodation ................................................................... 141 Minneapolis United States v. Warsame (John R. Tunheim, D. Minn.) ..............................................
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