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28 July 2023 / Athelstane Aamodt
Issue: 8035 / Categories: Features , Media , Freedom of Information
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‘That’s classified!’

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As events in the US bring classified documents out of the shadows, Athelstane Aamodt shines a light on government secrecy

We’ve all seen it. That bit in a film when a plucky reporter asks about the existence of a rumoured secret black-ops mission that appears to have killed a lot of innocent civilians during their mission and for which they have gone undetected and unpunished. ‘That’s classified’, replies the aloof official, peremptorily ending the conversation.

The classification of documents by governments has become topical in recent months: Presidents Donald Trump and Joe Biden, and Vice-President Mike Pence, have been found to have classified documents in their homes. Thus far only Donald Trump has been indicted, and he has entered ‘not guilty’ pleas to 37 federal charges of document mishandling.

There is always something a little disconcerting about certain pieces of information being ‘classified’. Democracies, that are after all (at least notionally) founded on principles of transparency and openness, appear to be acting against their own nature by preventing their citizens from seeing all the information they possess. But, of course, things are never

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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