Govt Loses Its Appeals In AIPAC Case
One appeal was against Ellis' decision in March this year over which secret evidence may be declassified for use in the trial; another was against his November 2007 decision rejecting as unconstitutional the prosecution's request for a closed trial; and another was against his August 2006 decision that rejected a defense motion to dismiss the entire case on First Amendment grounds.
The latter decision ostensibly favored the government; however, while Ellis upheld the constitutionality of the charges, he narrowed their scope, saying the government must prove that the defendants harmed the United States, and not merely benefited Israel.
Rosen and Weissman filed a "cross-appeal" saying that the government had the right only to appeal the scope of declassified evidence in the case; Ellis' other decisions must stand, they said.
On Friday, the 4th Circuit agreed.