United States v. Asgari, No. 19-3648 (6th Cir. 2019)
Annotate this CaseFederal prosecutors asked the district court for permission to withhold classified information from defense counsel for Asgari, an Iranian scientist charged with theft of trade secrets. Applying the Classified Information Procedures Act of 1980, 18 U.S.C. app.3 1, the district court reviewed the information and concluded that none of it would help Asgari and granted the government’s motion. Asgari moved for reconsideration on the ground his defense counsel had a top-level security clearance. The court ordered the information’s disclosure to counsel. The Sixth Circuit reversed, first holding that it had jurisdiction. The Act permits the government to seek an interlocutory appeal of a district court order “authorizing the disclosure of classified information.” Nothing in the Act suggests that defense counsel has a role to play when the district court assesses the relevance or helpfulness of the classified information. Although the district court expressed it had trouble, on reconsideration, deciding whether the information was relevant to Asgari’s defense, the Act vests the district court alone with the responsibility to make the decision.
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