7th Circuit Rejects Foreign Surveillance Disclosure Order
The case is US v. Daoud. The district court had ordered disclosure of certain FISA materials that were classified to defense counsel. The 7th Circuit, per Judge Posner, reversed. The money quote:
The judge appears to have believed that adversary procedure is always essential to resolve contested issues of fact. That is an incomplete description of the American judicial system in general and the federal judicial system in particular ...
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The case is US v. Daoud. The district court had ordered disclosure of certain FISA materials that were classified to defense counsel. The 7th Circuit, per Judge Posner, reversed. The money quote:
The judge appears to have believed that adversary procedure is always essential to resolve contested issues of fact. That is an incomplete description of the American judicial system in general and the federal judicial system in particular ... Conventional adversary procedure...has to be compromised in recognition of valid social interests that compete with the social interest in openness.
Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company and a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Professorial Lecturer in Law at George Washington University, a Senior Fellow in the Tech, Law & Security program at American University, and a Board Member of the Journal of National Security Law and Policy.
