Military Commissions and Classified Information

The American Bar Association, the American Civil Liberties Union, Human Rights First, and Human Rights Watch submitted this brief opposing an overly broad protective order in the military commissions case against Khalid Sheikh Mohammed and four others. The brief warns that the order gives the government virtually unlimited authority to exclude the press, public, and trial observers from the proceedings by greatly expanding the definition of "classified information" to include statements made by the accused, information already in the public domain, and any information referring to or in the possession of the CIA, the FBI, the NSA, and foreign intelligence services. The brief urges the commissions judge to rescind or modify the protective order so as to protect the right to a fair and public trial.