the 6th amendment right to confront, and due process; just general disclosure of what classified info expect to use at trial, not what will cross on, and not one sided burden on defense. (4th. US Person, Abu Ali was born in US, Can use CIPA unless it Redaction of CRIMINAL Abu Ali Cr. 2008) arrested went to Saudi Arabia for violates Confrontation information itself is not college, became Clause a violation of CIPA, but turned over affiliated with AQ cell, there is a violation of to US arrested by Saudi the Confrontation officials and turned over Clause when to the US prosecution only provides the redacted version to the defense, and give the jury access to the unredacted version US Person Kindhearts challenging -Is authority present? -“Blocking by CRIMINAL Kindhearts action” (N.D. Ohio (organization) asset blocking by OFAC Here, IEEPA, EO OFAC constituted a 2009) inside US 12,224, Patriot Act for purposes “seizure” -Is authority being used of the Fourth properly (is there due Amendment process)? -Government failed to Here, even if authority, show that “blocking two branches at highest was justified action” Youngstown cannot under exigent circumvent 4th circumstances amendment exception to Fourth
the 6th amendment right to confront, and due process; just general disclosure of what classified info expect to use at trial, not what will cross on, and not one sided burden on defense. Abu Ali (4th. Cr. 2008) US Person, arrested turned over to US Abu Ali was born in US, went to Saudi Arabia for college, became affiliated with AQ cell, arrested by Saudi officials and turned over to the US Can use CIPA unless it violates Confrontation Clause Redaction of information itself is not a violation of CIPA, but there is a violation of the Confrontation Clause when prosecution only provides the redacted version to the defense, and give the jury access to the unredacted version CRIMINAL Kindhearts (N.D. Ohio 2009) US Person (organization) inside US Kindhearts challenging asset blocking by OFAC -Is authority present? Here, IEEPA, EO 12,224, Patriot Act -Is authority being used properly (is there due process)? Here, even if authority, two branches at highest Youngstown cannot circumvent 4th amendment -“Blocking action” by OFAC constituted a “seizure” for purposes of the Fourth Amendment -Government failed to show that “blocking action” was justified under exigent circumstances exception to Fourth CRIMINAL
ICTL_Rascoff_Fall_2011_Case_Chart.docx