United States v. Lee
United States District Court for the District of New Mexico
90 F. Supp. 2d 1324 (2000)
Congress passed the Classified Information Procedures Act (CIPA) to manage discovery and use of classified information in prosecutions, requiring under § 6 that a defendant give notice of any classified information he plans to disclose at trial, while also requiring the government to disclose any evidence it will use to rebut that classified evidence. Dr. Wen Ho Lee (defendant), charged with espionage and mishandling classified information at Los Alamos, moved to have CIPA declared unconstitutional, arguing its disclosure requirements violated his Fifth Amendment privilege against self-incrimination, his Sixth Amendment confrontation right, and his due-process rights.
Whether a statute that requires pretrial disclosure by the defense of classified information it reasonably intends to use at trial violates the Fifth and Sixth Amendments.