NCJ Number
129093
Journal
American Criminal Law Review Volume: 27 Issue: 4 Dated: (1990) Pages: 657-716
Date Published
1990
Length
60 pages
Annotation
The Classified Information Procedures Act (CIPA) was an attempt by Congress to deal with a growing problem in the criminal justice system on the increased use of classified information by the Federal government.
Abstract
Since its enactment in 1980, CIPA has been applied to over 50 criminal cases, most of which resulted in convictions. Several counts of the indictment against Oliver North were dropped because the Justice Department invoked a CIPA protective order to prevent the disclosure of classified information. The North case was especially difficult because of the volume and highly sensitive nature of the classified information at issue. Based on case law to date, CIPA should be amended to reflect the following general principles: (1) the court should have the statutory discretion to grant the defendant an ex parte, in camera hearing to determine extent of discovery; (2) the court should balance the defendant's right to specific classified information against the national security damage incurred by its disclosure; (3) the CIPA should be amended to authorize the Independent Counsel to act for the U.S. in CIPA cases and assume all powers and duties of the Attorney General; and, (4) the conditions under which the Attorney General is allowed to preclude the use of classified information should be tightened. 399 notes