No. 20-6304

Muhanad Mahmoud Al-Farekh v. United States

Lower Court: Second Circuit
Docketed: 2020-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: classified-information classified-information-procedures-act criminal-procedure discovery discovery-rights due-process ex-parte ex-parte-motion national-security right-to-present-defense security-clearances
Latest Conference: 2021-01-08
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Waiver of right of respondent United States to respond filed.
2020-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

Muhanad Mahmoud Al-Farekh
Robert Joseph BoyleRobert J. Boyle, Attorney At Law, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent