Home Judge’s Opinions State Secrets Undermine Due Process

State Secrets Undermine Due Process

by Andrew P. Napolitano

In a public courtroom of the United States of America, in which a high-level criminal case is being tried, the prosecutors are permitted to press a buzzer on their table in the midst of argument to the court by defense counsel. The buzzer cuts off the courtroom's public address system, and then the judge silences the defendant’s lawyer. This happens whenever the prosecutor thinks defense counsel is about to reveal a state secret.

The use of this Soviet-style system to disrupt defense counsel in the middle of a sentence is a hallmark of proceedings at the. . .

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