Abstract
The most potent weapon America possesses in the battle against terrorism is information. Information provides the government the ability to determine terrorist intentions, identify terror actors, assess target vulnerabilities, and implement countermeasures. Information drives the government’s decision cycle. The greater the depth and breadth of information at the government’s disposal, the greater the range of options are available to the government.
This Article serves to highlight some considerations the government faces every time a criminal prosecution implicates classified information. The paper briefly examines the nature of classification, what can make information classified, and how the classification and declassification systems work. It then turns to the courtroom to examine the constitutional and pragmatic considerations involved in mounting a prosecution.
Recommended Citation
Bruce M. MacKay,
The Use of Classified Information in Terrorism Trials,
42
S. Ill. U. L.J.
63
(2017).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol42/iss1/4