Two judges overseeing two separate court trials for Donald Trump in two different jurisdictions issued rulings minutes apart that dealt with the exact same legal issue: how the Classified Information Procedures Act (CIPA) applies to criminal litigation in Trump’s case that involves classified exhibits. Considering that the law in this area is fairly clear, with a codified procedure to be undertaken by the court, both decisions should have been fairly cut and dried. This was not the case.
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Under CIPA Section Four, the US Attorney’s Office is able to submit a summary of materials to the defense that they will expect to use in trial, without litigating whether the documents are actually admissible as evidence. This is the first attempt the government can take in winnowing out all of the irrelevant information that will have no bearing on the case. First, classified information that is not applicable or helpful to the defense is excluded, and then additional protections for the classified information that is relevant are proposed. Next, the judge makes a determination as to the admissibility of that evidence.
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