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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.