“Prosecutors in NSA Case Want to Use Code in Court”
Baltimore Sun, March 10, 2011
Abbe Lowell described the government’s proposed use of the “silent witness rule” in prosecuting a former National Security Agency employee for espionage. The rule requires discussion of security details in restricted code. “They literally have a key, a glossary, that the jury would have that the public would not,” said Mr. Lowell, who had opposed the use of the rule against two of his clients in an espionage case that the government eventually dropped.