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Trump administration accused of withholding discovery in Haji Zada case

A federal defense team accuses the Trump administration of withholding key discovery documents in an Alien Terrorist Removal Court case, violating Ms. Haji Zada's constitutional due process rights. Tโ€ฆ

'Pillars of due process': Trump admin withholding key discovery material in Alien Terrorist Removal Court case in violation of Constitution, defense attorneys say
Law & Crime โ€” 8 August 2026
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A federal defense team has filed a motion accusing the Trump administration of withholding key discovery documents in an Alien Terrorist Removal Court case, violating constitutional due process rights. The government allegedly refuses to provide evidence used to detain a client, Ms. Haji Zada, even to her cleared legal counsel. The filing calls this a direct attack on core judicial protections.

The dispute centers on the Alien Terrorist Removal Court, a secretive tribunal established in 1996 to handle deportation cases involving suspected terrorists. Unlike standard immigration court, proceedings are classified and judges review classified evidence without defense access. Critics argue this structure already limits due process. The Trump administration expanded its use of the court in 2020, detaining more noncitizens on national security grounds. Defense attorneys now say the government is going further by withholding evidence entirely, not just keeping it secret.

Haji Zadaโ€™s legal team says they were notified last month that the government had classified material it planned to use at trial โ€” but that they would not be allowed to see it. In their motion, they argue this violates the Fifth Amendmentโ€™s guarantee of due process. They also point to a 2021 Supreme Court ruling, *Garland v. Gonzalez*, which upheld the governmentโ€™s right to detain immigrants without bond in some cases โ€” but emphasized the need for fair proceedings. The motion calls the current practice โ€œa mockery of justice.โ€

The next step is a hearing before the removal court, likely in the coming weeks. If the judge rules against the government, it could force officials to disclose material or dismiss the case. If the judge sides with the government, it could set a precedent allowing even broader secrecy in future cases. Either outcome could reshape how due process is applied in national security immigration matters โ€” and whether the U.S. can truly claim fair trials for noncitizens accused of terrorism.

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