Majid Khan claims that evidence used by the U.S. government to classify him as an "enemy combatant" was obtained through the use of torture or other illegal interrogation methods. Khan argues that this should make the evidence inadmissible. Yet Khan's specific allegations are not public. His lawyers may not disclose Khan's allegations and his motion to the U.S. Court of Appeals for the D.C. Circuit is heavily redacted. Marty Lederman is on the case, and he has some questions:
Can anyone think of any precedent in history where the government has claimed a lawful right to prevent a U.S. resident from publicly describing what the government has done to them?
I imagine that Khan's lawyers are understandably wary of raising this issue, for fear that their access to their client might be restricted. But the First Amendment right extends to the audience for Khan's speech, as well (see, e.g., Lamont), and that audience First Amendment right is even more substantial now that the allegations are the fulcrum of a motion pending before a federal court. Has any media outlet made a motion to make the allegations public? If not, why not?