All posts by S. Elisa Poteat

S. Elisa Poteat is an Attorney with the National Security Division of the US Department of Justice, former Assistant US Attorney, former Deputy Public Defender, and sustainability and bicycling blogger. The views expressed in the article are her own and not those of the Department of Justice.

Discovering the Artichoke: How Mistakes & Omissions Have Blurred the Enabling Intent of the Classified Information Procedures Act

Misunderstandings of the Classified Information Procedures Act (CIPA), and confusions between CIPA and the state secrets doctrine, have resulted in a split in federal circuit courts over how CIPA functions. Congress should amend the statute to end this confusion and enhance its original goals—to enable discovery to protect a defendant’s rights and to protect intelligence sources and methods vital to the national security of the United States.