Shortly before putting the finishing touches on this week’s bulletin, a federal judge ruled that the Justice Department cannot continue to keep the names of noncitizens detained in connection with the terrorism investigation secret.
The order, from Judge Gladys Kessler, has only two exceptions – if the detainee wants to keep their identity a secret, and if the government adequately demonstrates that the detainees is a material witness. According to Kessler’s opinion, the government failed to provide sufficient justification for keeping the detainees names secret. She characterized government affidavits as failing to assert that all the detainees have terrorist connections, and lacking in evidence that could lead to the conclusion that they might have been engaged in terrorism.
The judge also ruled that the government must make public the names of attorneys representing the detainees. She also ruled that the government could continue to keep the locations where the detainees are being held a secret. Most are believed to be held in New Jersey and New York.
Under the order, the government has 15 days to release the names, but the government can appeal and could obtain an order delaying the implementation of this order.
Nearly 1,200 people were detained after the September 11th attacks, and most have since been deported. As of June, at least 147 people remained in detention, including 74 who are being held on immigration charges.
The opinion is available online at http://news.findlaw.com/hdocs/docs/terrorism/cnssvdoj080202ord.pdf.
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