Mitchell Hamline School of Law Masthead Logo Mitchell Hamline Open Access Faculty Scholarship 2010 Remodeling the Classified nforI mation Procedures Act (CIPA) Afsheen John Radsan Mitchell Hamline School of Law,
[email protected] Publication Information 32 Cardozo Law Review 437 (2010) Repository Citation Radsan, Afsheen John, "Remodeling the Classified Information Procedures Act (CIPA)" (2010). Faculty Scholarship. 451. https://open.mitchellhamline.edu/facsch/451 This Article is brought to you for free and open access by Mitchell Hamline Footer Logo Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact
[email protected]. Remodeling the Classified nforI mation Procedures Act (CIPA) Abstract The intelligence community and the law enforcement sector are supposed to be working closely to keep us all safe from terrorists and other dangers. The benefits of this cooperation should not be frittered away by unnecessary burdens in trying suspected terrorists in civilian courts. If the executive branch is to be kept away from the dark side of counterterrorism, the courts, Congress, or a combination of the two should modernize their approach to alignment, to Section 6 of Classified Information Procedures Act, and to closed portions of trials. First, a prosecutor’s discovery obligations should apply to the intelligence community only when spymasters have most actively participated in the investigation. When defining “most actively” and in determining who falls within the prosecution unit, all three branches of government should err toward non-alignment. The recent creep toward conceding alignment on all cases since 9/11 should stop.