Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex parte, was Petitioner denied his right to discovery and to present a defense when the court determined his discovery motion ex parte notwithstanding the fact that defense counsel had appropriate security clearances?

QUESTIONS PRESENTED 1. Where the plain text of 18 U.S.C. app. 3 §4 of the Classified Information Procedures Act (CIPA) does not require that any motion be determined ex parte, was Petitioner denied his right to discovery and to present a defense when the court determined his discovery motion ex parte notwithstanding the fact that defense counsel had appropriate security clearances? 2. Where the government’s chief evidence against Petitioner was a purported fingerprint identification, was he denied his right to present a defense when the trial court precluded Petitioner from utilizing a Department of Justice (DOJ) report criticizing fingerprint identification procedures particularly in terrorism cases? i