Page:United States Statutes at Large Volume 110 Part 2.djvu/78

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110 STAT. 1252 PUBLIC LAW 104-132—APR. 24, 1996 brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following: "(i) Copies of items from which classified information has been redacted. "(ii) Stipulations admitting relevant facts that specific classified information would tend to prove. "(iii) A declassified summary of the specific classified information. "(B) DETERMINATION BY COURT.— The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense. " (3) TAKING OF TRIAL TESTIMONY. — "(A) OBJECTION. —During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. "(B) ACTION BY COURT.— In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including— "(i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; and "(ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit. "(C) OBLIGATION OF DEFENDANT.—In any civil proceeding under this section, it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced. "(4) APPEAL.— I f the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5). " (5) INTERLOCUTORY APPEAL.— "(A) SUBJECT OF APPEAL.— An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court— "(i) authorizing the disclosure of classified information; "(ii) imposing sanctions for nondisclosure of classified information; or "(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information. " (B) EXPEDITED CONSIDERATION. — "(i) IN GENERAL.—An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals. "(ii) APPEALS PRIOR TO TRIAL. —If an appeal is of an order made prior to trial, an appeal shall be taken not later than 10 days after the decision or order