Reading Room Document

District Ct. Op., United States v. Rosen et al., No. 1:05-cr-225 (E.D. Va. Apr. 19, 2007)

District court's denial of the Government's motion pursuant to Section 6 of the CIPA to withhold substantial quantities of classified information from the public at trial. The district court emphasized the novelty of the Government's proposal—which suggested the public should only have access to the substitutions that have passed through the CIPA process—noting the process has never been "judicially approved or used" in a published opinion. The court concluded that even if the procedure were authorized by CIPA—which it is not—it would not pass First nor Sixth Amendment muster under the Press-Enterprise test because it "effectively closes portions of the trial."

April 19, 2007