This 18-year resident of the United States was immediately detained for alleged violations of the immigration laws. Two years has elapsed and Mr. Al-Najjar still does not know the basis for his detention. The INS is also using secret evidence in cases involving seven Iraqis airlifted by the U.S. from Northern Iraq because they were part of a failed CIA plot to destabilize the regime in Iraq headed by Saddam Hussein. The INS is denying them political asylum based on secret evidence. A legal team including former Director of Central Intelligence R. James Woolsey represents them.
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.