The Use and Misuse of Secret Evidence in Immigration Cases: A Comparative Study of the United States, Canada, and the United Kingdom

Secrecy is a hot topic. In particular, scholars and pundits have begun to fill the pages of law reviews and newspapers with their arguments about the extent to which the government should use secret evidence in legal proceedings. On the one hand, the government's conduct of the Combatant Status Review Tribunals and the rules of procedure it has promulgated for the military commissions at Guantanamo Bay have provoked complaints, as did the government's refusal to permit Zacarias Moussaoui access to certain terrorist witnesses detained abroad. On the other hand, many accept that the government may adduce secret evidence to justify blocking the assets of a charity that supports terrorism.