Authors

Samuel Bevenour

Document Type

Article

Publication Date

2025

Abstract

Robert Oppenheimer, the father of the atomic bomb, was stripped of his security clearance before documents were properly classified and without access to exculpatory evidence in what amounted to a show trial. The modern, peace-time classification system has expanded into an arguably uncontrollable leviathan that has proven unable to be curtailed by either political party despite bipartisan support. The usage of the related Espionage Act to enforce the ever-growing secrecy state has a problematic history of being utilized in politically motivated prosecutions in which defendants still face an uphill battle to gain access to exculpatory information. These prosecutions, under the procedural framework of CIPA, implicate constitutional issues such as the First Amendment and Due Process Clause of the United States Constitution, and ultimately serve to squash dissent and discourage whistleblowing and activism.

Included in

Criminal Law Commons

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