Appeals courts in Chicago holds highly unusual 'secret' session

[bemildred]

Source: Chicago Tribune

A federal appeals court in Chicago held a highly unusual closed-door session with government officials today after debating in public whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case.

After 30 minutes of public arguments in the case of Adel Daoud, Judge Richard Posner ordered the stately courtroom of the 7th U.S. Circuit Court of appeals cleared for a “secret portion” of the proceedings.

Daoud’s attorney, Thomas Durkin, rose to object, but Posner did not acknowledge him.

Deputy U.S. marshals then ordered everyone out – including Durkin and his co-counsel. After about five minutes, marshals let back into the courtroom federal officials with the proper security clearance, including U.S. Attorney Zachary Fardon, his first assistant, Gary Shapiro, and about two dozen FBI and U.S. Department of Justice officials.

Read more: http://www.chicagotribune.com/news/local/breaking/chi-appeals-courts-in-chicago-holds-highly-unusual-secret-session-20140604,0,3546552.story

[951-Riverside]

1. I refuse to recognize any "court" that holds secret hearings or allows anonymous testimony

If this becomes this norm then anyone could be snatched up on vague charges. If you're not allowed to see the evidence then you can't possibly fight the charges and the public can't scrutinize the case later on.

Geez!

[bemildred]

2. This seems to be about the "laundered" NSA intercepts being used in court. nt

[blkmusclmachine]

3. BAD precedent.

[JoeyT]

4. You have the right to face your accuser in court,

unless your accuser is the federal government. Then you're lucky if you get to see a court room at all, and will be allowed access to vital evidence if they feel like it and it isn't too much trouble and they think it might not make the case too hard to win.

Can't imagine why anyone would object to that.

[bemildred]

5. Court holds secret meeting on whether terror suspect can view surveillance documents

CHICAGO — CHICAGO_A federal appeals court in Chicago held a highly unusual closed-door session with government officials Wednesday after debating in public whether attorneys for a local terrorism suspect should be allowed to view confidential surveillance documents filed in the case.

In 30 minutes of arguments that were open to the public, Assistant U.S. Attorney William Ridgway urged the 7th U.S. Circuit Court of Appeals to reverse a trial court's ruling granting lawyers for Adel Daoud unprecedented access to records of a secret intelligence-court, saying it could harm national security.

As the arguments concluded, Judge Richard Posner announced the public portion of the proceedings had concluded and ordered the stately courtroom cleared so the three-judge panel could hold a "secret hearing." Daoud's attorney, Thomas Anthony Durkin, rose to object, but Posner did not acknowledge him. Deputy U.S. marshals then ordered everyone out - including Durkin, his co-counsel and reporters.

Only those with the proper security clearance_including U.S. Attorney Zachary Fardon, his first assistant, Gary Shapiro, and about a dozen FBI and U.S. Department of Justice officials - were allowed back in the courtroom before it was locked for the secret session.

http://www.mcclatchydc.com/2014/06/04/229401/court-holds-secret-meeting-on.html

[bemildred]

6. Man convicted in car-bomb plot seeks new trial, citing warrantless wiretapping

PORTLAND — The defense team of a man convicted of terrorism in Oregon is seeking to challenge both his conviction and the government’s secret, warrantless searches of Americans’ communications collected as part of foreign surveillance.

The Oregon federal court challenge to the government program of bulk data collection joins other such challenges around the country. They are mostly from terrorism defendants who seek new trials or dismissals because the government notified them after trial that it used information derived from foreign surveillance without notifying the defense.

The Justice Department last year pledged to review certain terrorism cases to provide a clearer picture of how classified evidence against defendants was gathered. In a Brooklyn terrorism case, a man was already sentenced to 15 years in prison when prosecutors notified him of its use of foreign surveillance.

On Wednesday morning, attorneys for Mohamed Mohamud said he should be acquitted or granted a new trial because of the government’s use of the secret surveillance program. Mohamud was convicted last year of attempting to detonate a bomb at Portland’s Christmas tree-lighting ceremony in 2010.

http://www.bendbulletin.com/localstate/2134251-151/man-convicted-in-car-bomb-plot-seeks-new-trial