The witness protection plan is for the protection of witnesses not the information Even in the absence of a specific request, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise a reasonable doubt about the defendants guilt. United States v. Agurs, 427 U.S., at 112. The prosecution must also reveal the contents of plea agreements with key government witnesses, see Giglio v. United States, 405 U.S. 150 (1972), and under some circumstances may be required to disclose the identity of undercover informants who possess evidence critical to the defense, Roviaro v. United States, 353 U.S. 53 (1957). Pending Senate and House legislation, S.494 and H.R. 1317 respectively, would permanently codify the anti-gag statute’s provisions. The bills also make issuing a gag order without the law’s mandatory addendum/notification requirement a prohibited personnel practice under the CSRA. S. 494 bars Critical Infrastructure Information status from canceling whistleblower rights. H.R. 1317 does not, although H.R. 5112 has an alternate approach to control all pseudo-classification categories.
Posted on: Sat, 20 Sep 2014 23:20:38 +0000
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