Muhanad Mahmoud Al-Farekh v. United States
1. Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex parte, was Petitioner denied his right to discovery and to present a defense when the court determined his discovery motion ex parte notwithstanding the fact that defense counsel had appropriate security clearances?
2. Where the government's chief evidence against Petitioner was a purported fingerprint identification, was he denied his right to present a defense when the trial court precluded Petitioner from utilizing a Department of Justice (DOJ) report criticizing fingerprint identification procedures particularly in terrorism cases?
Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex parte, was Petitioner denied his right to discovery and to present a defense when the court determined his discovery motion ex parte notwithstanding the fact that defense counsel had appropriate security clearances?