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Court OKs secret INS hearings
WASHINGTON (CNN) -- A federal appeals court ruled Tuesday that the U.S. government can continue to exclude the public from immigration hearings of hundreds of people detained since the September 11, 2001, attacks as part of the terrorism investigation. A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia, Pennsylvania, ruled 2-1 that media groups cannot have access to the secret hearings. U.S. Attorney General John Ashcroft had argued that national security would be compromised if the press and others were allowed to attend. In its ruling, the court gave deference to government attorneys over immigration judges in deciding which cases could be compromised by public scrutiny. "We hold that the press and public hold no First Amendment right of access," said the ruling. "The primary national policy must be self-preservation." The ruling went on to say, "Even minor pieces of evidence that might appear innocuous to us would provide valuable clues to a person within the terrorist network." A lower court had ruled the secrecy laws were too vague and the government had no right to a blanket policy of closing hearings to the public. Assistant Attorney General Robert McCallum applauded the decision, saying it was "not just a victory for the Justice Department, but for every American relying on the government to take every legal step possible to protect our nation from acts of terror while preserving constitutional liberties." A number of media organizations in New Jersey, along with the American Civil Liberties Union, had gone to court seeking public access. The ACLU said it was "disappointed" with the ruling. "We continue to believe that secret hearings are not consistent with our constitutional system and run counter to the most basic principles of fairness," said ACLU attorney Lee Gelernt. The group is considering whether to appeal to the full federal appeals court or to take the case directly to the U.S. Supreme Court. The appeals court's decision applies only to immigration hearings in its jurisdiction of New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands, although it could have legal implications in courts around the country. In a similar case being heard in Michigan, a federal appeals court in August ordered an open hearing for Rabih Haddad, a Lebanese man who co-founded a charity that government prosecutors believe was funneling money to terrorists. The INS is trying to deport Haddad and his family for overstaying their tourist visas. Many legal experts believe both cases could wind up being argued before the Supreme Court before the court's term ends next June. The INS has aggressively stepped up detention and deportation of illegal aliens, particularly those of Middle Eastern and Muslim descent, prompting charges from civil rights groups that government is engaged in racial and religious profiling.
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