Issue:
Whether the President can try by military commission? And what are the issues that arises when trying in …show more content…
Moussaoui
Issue: When the government asserts an evidentiary privilege in a criminal prosecution, may the court order the prosecution to choose between disclosing the information or having the indictment dismissed?
Rule:
When the government asserts an evidentiary privilege in a criminal prosecution, the court may order the prosecution to choose between disclosing the information or having the indictment dismissed.
1. Is the classified information Procedures Act (CIPA) which governs discovery criminal defendants have a right to receive certain information such as the information that the prosecution is using against the defendant. And anything else that might be relevant to them putting on a defense. This is a constitutional right that criminal defendants have.
Need: government wants to use confidential information to prosecute; Defendant has constitutional rights to see evidence; Defendant may have confidential