A legal team including former Director of Central Intelligence R. James Woolsey represents them. Problems Arising from the Use of Secret Evidence Secret evidence undermines our adversarial system. One cannot defend against the unknown accusation whispered to a judge by a secret accuser. No better instrument has been devised for arriving at the truth than to give a person in jeopardy of serious loss notice of the case against him and the opportunity to meet it. Nor has a better way been found for generating the feeling, so important to a popular government, that justice has been done.
Fairness demands no less.
Secret evidence in the form of classified information often consists of mere rumor and innuendo. It is often unverified and unverifiable. It has not been, and cannot be, tested for reliability under rigorous cross-examination. It is impossible to fight charges without knowing the nature of those charges, and who is making them. In U.S. ex rel.