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Supreme Court Decision May Limit Access to Terror Cases


— February 23, 2004

The US Supreme Court has given a green light for the government to conduct certain federal court cases in total secrecy.

In a case with major implications for public access to the courts, as well as the war on terror, the nation’s highest court said Monday it will not examine the circumstances surrounding a habeas corpus appeal filed by an Arab immigrant challenging his detention during the post-9/11 investigation. The proceedings were conducted under a government secrecy request upheld by federal judges. . . .

[T]he case, M.K.B. v. Warden, was being closely followed by legal experts because it asked the high court to spell out whether there is a constitutional requirement that judicial proceedings in the federal courts be conducted in public – or at least noted somewhere on the public record.

Details here from the Christian Science Monitor.


The US Supreme Court has given a green light for the government to conduct certain federal court cases in total secrecy.

In a case with major implications for public access to the courts, as well as the war on terror, the nation’s highest court said Monday it will not examine the circumstances surrounding a habeas corpus appeal filed by an Arab immigrant challenging his detention during the post-9/11 investigation. The proceedings were conducted under a government secrecy request upheld by federal judges. . . .

[T]he case, M.K.B. v. Warden, was being closely followed by legal experts because it asked the high court to spell out whether there is a constitutional requirement that judicial proceedings in the federal courts be conducted in public – or at least noted somewhere on the public record.

Details here from the Christian Science Monitor.

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