Sword or Shield? The Government's Selective Use of Its Declassification Authority for Tactical Advantage in Criminal Prosecutions

Authors

Joshua L. Dratel

Abstract

The article argues that the government's selective use of declassification authority under the Classified Information Procedures Act (CIPA) undermines the statute's intent to ensure fair trials. By declassifying inculpatory evidence while withholding exculpatory information, the government gains an unfair tactical advantage, particularly in terrorism cases where defendants often lack access to classified materials. The article advocates for reforms to CIPA, the Foreign Intelligence Surveillance Act (FISA), and Rule 16 of the Federal Rules of Criminal Procedure to restore balance and safeguard defendants' Fifth and Sixth Amendment rights.

Disciplines

Courts | Evidence | Law

Recommended Citation

Joshua L. Dratel, Sword or Shield? The Government's Selective Use of Its Declassification Authority for Tactical Advantage in Criminal Prosecutions, 5 Cardozo Pub. L. Pol’y & Ethics J. 171 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol5/iss1/13