lawyers on DU . Did you ever need to get a clearance to defend a client ?

[drray23]

I am wondering how it works. If your client is accused of mishandling classified docs, do you need to have a clearance to handle things released to you as part of the Brady process ?
Similarly do judges and prosecutors need/have clearances ?

Are those types of cases delt with in special courts ?

[Claustrum]

1. Nicole on MSNBC just talked to a national security attorney.

They talked about the possibility that the information is too secret that the NSA will not let DoJ prosecute the case. Though, there are other charges that the DoJ can go after.

[SheltieLover]

5. So who will prosecute, if DOJ can't?

[Claustrum]

6. No one. Because it's too much secret for the public to know about.

There are other charges which doesn't relate to those top secret documents that they can go after.

[SheltieLover]

8. So slob gets off scot free?

[Claustrum]

10. Once again, there are other charges and documents that aren't the TOP TOP secret

that they can't even mention. So he will be charge for the other things, just not the super top secret parts.

[SheltieLover]

14. Thx

[Dale in Laurel MD]

17. Or falls out a 5th floor window....

n/t

[Emile]

12. But the DOJ said no one is above the law.

[Claustrum]

13. I am sure there are other charges they can go after him for that doesn't risk leaking our top secret

And this is just the MSM guess. We don't know what the DoJ or NSA will do.

[Kaleva]

7. Couldn't Biden override NSA objections?

[Claustrum]

9. I would think Biden wouldn't override it.

We are talking about top top secret that they can't even mention it to the public. There are other charges that they can go after TFG for.

[SheltieLover]

16. They can't even put doc names on a list anywhere

[onenote]

2. More information than you probably wanted.

https://www.law.cornell.edu/uscode/text/18a/compiledact-96-456

[drray23]

3. thank you ! this is interesting. I'm going to read that in details.

[onenote]

4. This also is informative.

I'm surprised by the statement that jurors can view classified material without any clearance.
https://slate.com/news-and-politics/2009/06/how-judges-handle-classified-documents.html

[qazplm135]

11. I had a secret clearance as a defense atty

in the Army.

I had an accused where TS might have been required as a prosecutor, but it turned into a guilty plea so we found a way around it.

There are a ton of attorneys who have general clearance already, who would then just need to be read on, if possible, for the appropriate material, but again, as someone else noted, prosecutions can be declined for that reason.

[onenote]

15. There are ways of prosecuting these cases without disclosing secret material

How do you think spy cases are prosecuted?

There is an entire statute devoted to the procedures for handling trials involving classified information.

https://www.law.cornell.edu/uscode/text/18a/compiledact-96-456