Lawyer With Security Clearance Denied Look at Classified Filings

April 16, 2020, 4:06 PM UTC

A lawyer’s security clearance didn’t allow him to see classified information filed by federal prosecutors with the court in his client’s criminal trial for providing material support to a terrorist organization, the Second Circuit said Thursday.

Muhanad al-Farekh argued the federal district judge abused his discretion by not allowing his lawyer to see the government’s fillings.

But the lawyer’s security clearance was irrelevant to the judge’s authority under the Classified Information Procedures Act to view the filings ex parte, and in camera, the opinion by Judge Jose A. Cabranes said.

The information in the filings wasn’t discoverable, so adopting al-Farekh’s ...

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