Accused Still Entitled to Summary of Secret Evidence
Posted Nov 23, 2001

Under current law, if the government uses secret evidence against a foreign national in removal (formerly known as deportation) proceedings, it is necessary to provide her/him with a summary of that evidence. Secret evidence is classified information that is not revealed to the defendant in these proceedings.

On November 8, 2001, the U.S. Senate defeated an attempt to eliminate this requirement, so that the accused still has the right to a summary of evidence against him/her. The proposed change was in an amendment introduced by Senator Robert C. Smith (R-NH). Senators Patrick Leahy (D-VT) and Bob Graham (D-FL) both voiced their opposition to this amendment. Even the U.S. Department of Justice opposed the measure. As MurthyBulletin and MurthyDotCom readers may be aware, the Immigration and Naturalization Service (INS) is part of the U.S. Department of Justice, as is the Executive Office of Immigration Review, which includes the Immigration Courts.

INS Commissioner Jim Ziglar said there were no present plans to use secret evidence against those accused in connection with the September 11^th terrorist attacks. President Bush had also denounced the use of secret evidence against foreign nationals during his presidential campaign, though one could argue that those pronouncements may no longer be valid in this post-9/11 period.