Judge Mukasey did not offer specifics about the material-witness hearings, but he said he was not surprised that detainees, who may speak about their cases, did not chose to do so.
In both cases, the Government obtained declarations from High Court judges under section 6 of the Justice & Security Act 2013 that it would be lawful during trial of the damages actions to consider sensitive material at closed hearings excluding the claimants, with special advocates present to protect their interests.
Gisting: special advocates are permitted to disclose to clients a simplified summary or "gist" of intelligence material used in secret hearings while withholding specific details.
The government's proposals to extend secret hearings – "closed material procedures" – to all manner of civil proceedings would deprive people of their rights to a fair trial, and undermine the principle of open justice.
"People can construe burned or not burned, but the fact is I did not start this review; there were 100,000 documents," he said, referring to the material that prompted the hearings.
Back to the top Closed material procedures (CMPs): secret court hearings where only the judge and security-cleared special advocates are given access to sensitive intelligence material.
The team that created Warhorse combined Kentridge's emotionally impactful animations and puppetry with archival material from South Africa's Truth and Reconciliation Commission hearings to tell this powerful story.
In Sarkandi, the Government said it would not be able to disclose its grounds of defence without causing serious harm to national security and intended to apply for closed hearings when sensitive material was under discussion.
The spectacle of the hearings provided enough material for an eight-minute opening sketch, including an explanation from a C.E.O. about why they were late: "The three of us decided to drive here from Detroit, but we had car trouble".
Critics of the bill have pointed out that including inquests within the new regulations would have led to relatives of servicemen and women who died in action participating in hearings where sensitive material was clearly being excluded from public sessions.
