nytimes: U.S. Seeks New Use for Secret Evidence
The NY Times reports on the increasing use of secret evidence in immigration trials, where defense lawyers and the accused are not allowed to see the evidence used against them.
Around the country some immigration lawyers say they have already detected that they are arguing against evidence that they are not allowed to see. "It seemed like I was trying to defend my client blindfolded and handcuffed," said Karen H. Pennington, a Dallas lawyer who represented a Palestinian-born man who was arrested in Texas on Sept. 22. Ms. Pennington said lawyers for the Immigration and Naturalization Service told her there were items in her client's file that she should not see. She said accusations against her client repeatedly appeared in news accounts that she never learned officially. [...] "They never used the words `secret evidence,' " said Donna L. Lipinski, a Denver lawyer, "but they wouldn't disclose any of the reasons they had for holding my clients." (see nytimes.com)