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United States v. Lee

United States District Court for the District of New Mexico
90 F. Supp. 2d 1324 (2000)


In 1988, Congress passed the Classified Information Procedures Act (CIPA), 18 U.S.C. app III §§ 1-16, in order to address the issues of discovery and the use of classified information in criminal prosecutions of accused terrorists and related individuals. Specifically, § 6 of CIPA requires notice by the defendant describing any classified information he expects to disclose, or cause disclosure of, at trial. Section 6 also permits the government to preclude the defendant from disclosing such information, an action that the court may then review in order to decide how the case will proceed and whether remedial measures are warranted. Under CIPA, the government is also required to give the defendant notice of any evidence it will use to rebut the defendant’s classified information evidence. Dr. Wen Ho Lee (defendant) was charged with espionage and mishandling classified information at the Los Alamos National Laboratory. Lee moved for the court’s declaration that CIPA procedures were unconstitutional, because the procedures violate his Fifth Amendment privilege against self-incrimination, his Sixth Amendment right to confront witnesses, and his right to due process.

Rule of Law


Holding and Reasoning (Conway, C.J.)

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