Constitutional Law

Government's Say Not Final on Detainees Accessing Secret Data

The D.C. Circuit Court of Appeals has issued an order that lends detainees' attorneys more room to pursue secret information in support of clients' habeas claims.

The ruling by a three-judge panel in Al Odah v. U.S. determines that the government's contention that secret data would not bolster a detainee's challenge is not controlling on a federal judge determining whether access to the information should be provided. Rather, the information may be accessed by detainees' attorneys at the judge's discretion. The judge may also determine that a substitute may be made accessible that precludes revealing how the government collected the information while still conveying the substance.

The per curiam opinion was issued today, but will not immediately go into effect, permitting the government to appeal to the full en banc court for review.

Full post as published by ACS Blog on March 06, 2009 (boomark / email).