The Classified Information Procedures Act (CIPA) (CRS Report for Congress)
| Release Date |
Nov. 6, 2024 |
| Report Number |
IF12807 |
| Report Type |
In Focus |
| Authors |
Andreas Kuersten |
| Source Agency |
Congressional Research Service |
Summary:
The Classified Information Procedures Act (CIPA), enacted
in 1980, establishes uniform procedures for federal courts
to determine the admissibility and manage the admission of
classified information as evidence in federal criminal
proceedings. This In Focus describes CIPA’s background,
key provisions, and potential issues for Congress.
Criminal prosecutions involving classified information
create a tension between the government’s interest in
protecting national security information and a defendant’s
right to exculpatory information possessed by the
government under the Fifth Amendment’s Due Process
Clause. Inappropriately excluding classified information
from a case could violate a defendant’s rights. Conversely,
defendants could engage in graymail—seeking to acquire
or introduce classified information tangentially related to a
case to force the government to dismiss charges rather than
risk disclosing classified information. Congress intended
CIPA to address these concerns by creating a procedural
framework for federal courts to prevent unnecessary or
inadvertent disclosures of classified information while
upholding defendants’ rights. Courts have stated that CIPA
only institutes uniform procedures and does not create new
substantive privileges for the government or defendants.
