United States v. Hashmi

621 F. Supp. 2d 76 (2008)

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United States v. Hashmi

United States District Court for the Southern District of New York
621 F. Supp. 2d 76 (2008)

  • Written by Tammy Boggs, JD

Facts

In 2006, Syed Hashmi (defendant) was charged with four counts relating to providing material support to terrorists. During discovery, the government produced unclassified documents to Hashmi, such as his telephone records and surveillance photos. Before producing any classified information and following provisions of the Classified Information Procedures Act (CIPA), the government requested that Hashmi’s counsel obtain security clearance and agree to a protective order to govern the disclosure process. The CIPA contained provisions that required a defendant who reasonably intended to disclose classified information to provide notice to the court and the government, which would allow the court to hold a hearing on the use, relevance, or admissibility of the information. Hashmi filed a motion to obtain a ruling that the notice and hearing provisions of the CIPA presented an unconstitutional burden on him because, for instance, he would have to “preview” his case for the government. Hashmi also argued that his counsel should not have to obtain security clearance.

Rule of Law

Issue

Holding and Reasoning (Preska, J.)

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