United States v. Hausa

MEMORANDUM DECISION & ORDER

COGAN, District Judge.

Before me is defendant’s motion to declare the Classified Information Procedures Act (“CIPA”), 18 U.S.C. app. Ill, unconstitutional as applied in this case because it violates defendant’s Fifth and Sixth Amendments rights and because the Government is using its declassification authority as a “sword” to deny defendant his rights to discovery under the Federal Rules of Criminal Procedure. Significantly, every court in the country, including the Second Circuit, that has addressed arguments that CIPA is unconstitutional, has rejected these…