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Sept. 21, 2001: New Jersey Chief Immigration Judge Michael Creppy’s oft-quoted memo on “Cases requiring special procedures,” which states, “The courtroom must be closed for these cases — no visitors, no family, and no press.” � Oct. 31, 2001: 28 CFR Part 501.3 (d) authorizes the Bureau of Prisons to monitor attorney-client communications. � November and December: The U.S. Department of Justice refuses to release names of detainees or their lawyers under Freedom of Information Act exemption 7(c), making it more difficult for attorneys to identify and find potential clients or for helpful defense witnesses to contact detainees’ attorneys. � April 8, 2002: Criminal defense lawyer Lynne Stewart is indicted in New York on charges she distracted prison guards while accomplices of Sheikh Abdel Rahman transmitted information from the convicted terrorist to an accomplice and that she broadcast messages from the blind cleric. � May 28: 8 C.F.R. Part 3, Sects. 3.27, 3.31 and 3.46 allow judges to seal special interest cases and punish lawyers and clients for leaking information gained through such hearings. Previously, attorneys had been permitted to speak publicly about such hearings. � May 30: Attorney General Ashcroft relaxes guidelines that prevent surveillance of First Amendment activities by the Federal Bureau of Investigation. � July 16: Judge Creppy writes another memo on secrecy, implementing the May regulations. The memo says that if the “attorney or accredited representative fails to comply with the protective order, he or she may be suspended from appearing before the EOIR or the Service.”

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