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--- Begin Message ----Caveat Lector- http://news.findlaw.com/ap_stories/a/w/1152/7-9-2004/20040709040003_05.html Friday, July 9, 2004 Feds Seek to Seal Evidence in CIA TrialRALEIGH, N.C. (AP) - Federal prosecutors want a judge to review - and possibly block - sensitive information in the trial of a CIA contractor accused of beating an Afghan detainee who later died. David Passaro is charged with assault and assault with a dangerous weapon in the death of Abdul Wali, 28, who died at a U.S. base in the Afghan town of Asadabad on June 21, 2003. A trial tentatively scheduled for Aug. 2. Prosecutors filed a motion made public this week asking for a protective order to restrict the disclosure of classified information that would threaten national security, The News & Observer reported Friday. The motion refers to the Classified Information Procedures Act, which requires the federal judge assigned to the case to review the material before it can be used as evidence by either side. It says classified information could come from the CIA, National Security Agency, Defense Intelligence Agency, Department of State, National Security Council and the FBI. Passaro, who lives in Lillington, is a former Army Green Beret from Fort Bragg who went to Afghanistan on a short-term contract with the CIA as part of a paramilitary team. The group hunted and interrogated al-Qaida and Taliban members. If convicted, Passaro faces up to 40 years in prison and a $1 million fine. He is being held without bail. Use of the act seems to be overkill to William Arkin, senior fellow with the Center for Strategic Education at Johns Hopkins University. "Unless we're missing something in this particular case, this is not a guy who was a covert operative," Arkin said Thursday. "We know all about his background at this point: who he was working for, where he was working, what he was doing. So for the government to classify aspects of the case sounds to me like more security through habit than national security." The Classified Information Procedures Act was written to preserve a defendant's access to information while protecting national security. Enacted in 1980, the law was originally meant for cases involving suspected traitors, such as federal employees who sold classified information to other nations. Its main purpose is to prevent defendants from threatening to disclose classified information at a trial in order to force the government to drop the case. When it is invoked, a judge decides whether information presented by the defense is relevant and actually helpful. The government can try to protect classified information by substituting summary documents or by "sanitizing" it, and can drop the case if the judge rules the evidence cannot be sanitized or substituted without jeopardizing the defendant's rights. 2004-07-09 10:25:58 GMT Copyright 2004 The Associated Press All Rights Reserved ------------------------ Yahoo! Groups Sponsor --------------------~--> Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar. Now with Pop-Up Blocker. Get it for free! http://us.click.yahoo.com/L5YrjA/eSIIAA/yQLSAA/TySplB/TM --------------------------------------------------------------------~-> -__ ___ _ ___ __ ___ _ _ _ __ /-_|-0-\-V-/-\|-|-__|-|-|-/-_| \_-\--_/\-/|-\\-|-_||-V-V-\_-\ |__/_|--//-|_|\_|___|\_A_/|__/ SPY NEWS is OSINT newsletter and discussion list associated to Mario's Cyberspace Station - The Global Intelligence News Portal http://mprofaca.cro.net ######## CAUTION! ######### Since you are receiving and reading documents, news stories, comments and opinions not only from so called (or self-proclaimed) "reliable sources", but also a lot of possible misinformation collected by Spy News moderator and subscribers and posted to Spy News for OSINT purposes - it should be a serious reason (particularly to journalists and web publishers) to think twice before using it for their story writing, further publishing or forwarding throughout Cyberspace. 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For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------------------------------- SPY NEWS home page: http://groups.yahoo.com/group/spynews Mario Profaca http://mprofaca.cro.net/ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/spynews/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ www.ctrl.org DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substanceâ??not soap-boxingâ??please! These are sordid matters and 'conspiracy theory'â??with its many half-truths, mis- directions and outright fraudsâ??is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. 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