S&C Litigators Examine Impact of Classified Information Law on ProsecutionsMarch 16, 2021
In an article for Law360, Steven Peikin, Alexander Willscher and Meredith Foster analyzed a recent Second Circuit decision weighing the DOJ’s obligation to produce exculpatory evidence to criminal defendants against its interest in protecting classified information. Prior to trial, a component of the DOJ obtained a sealed protective order that barred the DOJ trial team and the defense from reviewing certain classified documents. Neither the DOJ trial team nor the defense were notified of the protective order, or the possibility that it covered Brady material, until the defendants’ convictions were on appeal. The Law360 article analyzes the case and its implications.