In a written order on December 30th, Judge William Alsup ruled that neither Dr. Rahinah Ibrahim nor her lawyers will be allowed an opportunity to see the secret classified evidence most recently submitted by the government in its defense against Dr. Ibrahim’s lawsuit challenging her wrongful (the government admits) inclusion on the “no-fly” list.
Judge Alsup found that only if Dr. Ibrahim attended the trial would she have been entitled to remain in the courtroom and hear what was said during the portions of the trial that were closed to the public and the press. Of course, Dr. Ibrahim was prevented from attending by the government defendants, who twice denied her applications for visas for that purpose)
And it was too late, Judge Alsup also ruled, for any of Dr. Ibrahim’s attorneys to apply for security clearances which might (if the government defendants in their discretion granted any such clearances) allow them to see the government’s secret ex parte, in camera submissions to the judge. Of course, Dr. Ibrahim’s lawyers had not previously anticipated needing clearances, since Judge Alsup had earlier rejected all the government’s proffered classified filings.
Judge Alsup’s order concludes:
The action will proceed without the benefit of classified information provided to plaintiff’s counsel.
That makes clear that Dr. Ibrahim and her lawyers won’t be allowed to see the government’s classified submissions, but seems to leave open the question of whether Judge Alsup himself will consider them in reaching his findings of fact and conclusions of law, or will again refuse to do so.