On November 3, 2006, the Center for Constitutional Rights (CCR) filed a response to the government's efforts to deny CCR access to Majid Khan, on whose behalf CCR previously filed a petition of habeas corpus. Mr. Khan, one of the 'ghost' detainees held by the CIA in secret for more than 3 years, has never been charged with a crime. The brief argues that the Bush Administration's effort to deny Mr. Khan access to counsel "ignores the Court's historical function under Article III of the Constitution to exercise its independent judgment."
While the Bush Administration has argued that Mr. Khan should be denied access to counsel due to his knowledge of classified information about the CIA's secret detention program, the brief argues that this represents a misuse of the government's classification authority, as many of the details of the program are already public knowledge. This is supported by a declaration by Khaled el-Masri, who was held with Mr. Khan, and released without charge or trial in May of 2004. For the brief and related exhibits, please download the attached PDFs.