“...some people say it’s a miscarriage of justice...”
That claim can be made within our judicial system because our system takes such precautions to rightfully make the government prove it’s case to a high state of probability.
However, specifically in this case, one of critical spying and intelligence methods, every government will have security protocols that are going to come out of high ranking government officials. So, the defense claim is nearly guaranteed due to national security.
A defense claim of “release the classified documents” so I can defend myself is almost prerequisite in any spying case. It’s also certain that the documents won’t be released. Everything I’ve read on this case points to not just the highest security classifications but executive intervention to protect national security. I haven’t seen anything that supports the claim that there has been declassification of ALL of the information.
Just as the Bush Admin, imo, rightfully waterboarded/tortured high level terrorists to protect the nation...there are circumstances where unique intervention in a national security spying case gets intervention.
Civil Rights and Libertarian complaints aside, sometimes you have to trust your government. I’m sure you’re aware that Israel does the same thing and probably to a greater extent due to their precarious and vulnerable position in the Middle East.
This tension has played out throughout American history - between total freedom and limits on that freedom, as it does in other countries.
Not really, attorneys (and judges) have necessary security clearances, and when necessary proceedings are non-public. You may recall discussions of the process relative to GITMO trials. In any case, that’s no longer an issue, the information in the letter is declassified, there’s no reason not to declassify the letter, certainly no reason not to let his attorneys read it. As I understand it the primary legal issues revolve around the fact that he was presumably sentenced based on the letter, the content of which was in all liklihood unrelated to the crime he plead guilty to. The fact that other than 60 seconds in the courtroom, neither he nor his attorneys know what the basis of his sentencing was, thus were unable to contest the facts. And the fact that his attorney “forgot” to file his appeal, thus it was denied. A decision (not to get an appeal) upheld 2-1 on appeal. It may not be a miscarriage, we can’t know, but the system was clearly abused. I’ll note if he’d received the death penalty as many suggest, he’d have gotten his appeal.