Free Response to Motion - District Court of California - California

Case 5:07-cr-00501-JF

Document 25

Filed 08/22/2007

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BARRY J. PORTMAN Federal Public Defender NICHOLAS P. HUMY CYNTHIA LIE Assistant Federal Public Defenders 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant ABD HIR

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The government wishes to have a pretrial conference, pursuant to the Classified Information Procedures Act (CIPA), 18 U.S.C. App. 3, to "consider matters relating to classified information that may arise in connection with this prosecution." To the extent that the government seeks an opportunity for the parties and the Court to establish general procedural guidelines for the handling of classified information in compliance with CIPA, the defense has no objection. The defense also does not object to a discussion of individual items of classified information, provided that the government does not make any ex parte submissions or have any 1 UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) ) vs. ) ) RAHMAT ABD HIR, ) ) Defendant. _____________________________________ ) No. CR-07-00501 JF RESPONSE TO MOTION OF THE UNITED STATES FOR PRETRIAL CONFERENCE PURSUANT TO THE CLASSIFIED INFORMATION PROCEDURES ACT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Response to Motion for Pretrial Conference

Case 5:07-cr-00501-JF

Document 25

Filed 08/22/2007

Page 2 of 2

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other ex parte communications with the Court. The defense is willing to conduct such discussions in a closed courtroom, with the defense present. To the extent that the government believes it needs to make any ex parte submission to the Court, the government should be required to submit a memorandum of points and authorities in support of the request and serve a copy of the memorandum of points and authorities on the defense, allowing sufficient time for the defense to respond. The defense has no objection to such memoranda being filed under seal.1 To facilitate the distribution of classified material, the defense respectfully requests that the Court order the government to immediately begin the process of obtaining security clearances for Assistant Federal Public Defenders Nicholas Humy and Cynthia Lie. Finally, the defense respectfully suggests that the discussion of CIPA procedures could be conducted during the August 29, 2007, hearing already set before this Court.

Dated: August 22, 2007 Respectfully submitted, BARRY J. PORTMAN Federal Public Defender ____________/s/_____________ NICHOLAS P. HUMY Assistant Federal Public Defender

The defense is aware that, according to the Security Procedures Established Pursuant to Pub. L. 96-456, 94 Stat. 2025, by the Chief Justice of the United States for the Protection of Classified Information, "[e]very document filed by the defendant in the case shall be filed under seal and promptly turned over to the court security officer." See 18 U.S.C. App. 3, § 9(a). The defense is acting on the assumption that it is not required to file preliminary pleadings such as the instant pleading under seal as no classified information has yet been produced to the defense and no court security officer has yet been identified.
Response to Motion for Pretrial Conference

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