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Brian Greer on Silent Witnesses
The Lawfare Podcast
The Second Option, Silent Witness Rule
Jury gets the whole document maybe with minor alterations proved by the judge, but jury sees the whole thing. The people in the gallery in the transcript in the press see nothing and you have somebody testifying who is authorized to discuss it only at a certain level of altitude. Is that a fair? And again, it's been done. Most common use is in a traditional espionage case where the person has passed secrets to the foreign government. But if you're just putting aside the Trump thing and just thinking about criminal defendant rights, it's not a frivolous argument, right?
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