Mohamed

ORDER RE: CIPA ISSUES

INTRODUCTION

On July 30, 2004, this Court denied the government’s motion in-limine to prohibit or limit Defendant’s cross-examination of Agent Steven Schultz and/or other government witnesses on the issue of bias and prejudice, including Defendant’s theory that the instant prosecution was based on Agent Schultz’s misguided belief that Defendant is a terrorist or engages in terrorist-related activities. The government thereafter filed a motion to reconsider and a request that, in the event the cross-examination would proceed as ordered, the Classified Information Procedures Act (“CIPA”) requirements be applied to this case.

Upon the government’s notification that issues may arise to trigger the application of CIPA in this matter, the Court issued an order directing Defendant to serve the government with his discovery requests and proposed questions for cross-examination of the prosecution’s case agent, Steven Schultz, and setting dates for handling any CIPA issues brought forth by Defendant’s questions and/or discovery requests. After receiving Defendant’s discovery requests and proposed questions, the government sought leave to submit documents directly to…