Miles Guo Court Documents · Doc 805
The court denies Mr. Guo’s request to re-review and disclose classified CIPA materials for sentencing, finding no basis to reopen prior rulings and noting the motion was untimely and would cause further delay.
摘要
Order · Denying CIPA Section 4 Re-Review Motion
This three-page order, signed by United States District Judge Analisa Torres and dated February 20, 2026, denies Mr. Guo's motion (ECF No. 783, with related submissions at ECF Nos. 793, 795, 796) asking the Court to review classified materials under Classified Information Procedures Act (CIPA) Section 4 and compel disclosure to cleared defense counsel of items material or helpful to Mr. Guo in the sentencing context in United States v. Miles Guo, 23 Cr. 118 (AT).
Background
The order describes Mr. Guo's request:
- To "[re]-review the [Classified Information Procedures Act ('CIPA')] Section 4 material and compel disclosure to cleared defense counsel [of] those items material or helpful to [Guo] in the sentencing context" (Mot. at 2, ECF No. 783; Gov. Resp. at ECF Nos. 793, 795; Guo Reply at ECF No. 796).
CIPA Section 4 Framework Recited
CIPA Section 4 (18 U.S.C. app. § 4) permits the Court to:
- Authorize the United States to delete specified items of classified information from documents made available through discovery;
- Substitute a summary of the information for such classified documents;
- Substitute a statement admitting relevant facts that the classified information would tend to prove.
The order recites that CIPA "neither creates new discovery rights nor expands the rules of discovery governing the admissibility of evidence" (citing United States v. Alshahhi, 628 F. Supp. 3d 449, 453 (E.D.N.Y. 2022)).
In evaluating CIPA motions, the district court applies the framework from United States v. Aref, 533 F.3d 72, 80 (2d Cir. 2008):
- Whether certain information is discoverable;
- Whether the state-secrets privilege applies and has been properly invoked;
- Whether the information is helpful or material to the defense — exercising discretion in compelling disclosure.
Procedural Background
On April 18, 2024, the Court issued a decision on the Government's ex parte CIPA Section 4 motion in this case and in 18 Cr. 118-3 (CIPA Section 4 Order, ECF No. 294). In that decision, after extensive briefing and careful consideration, the Court ruled on the original CIPA Section 4 questions.
Court's Ruling
The Court denies Guo's motion to re-review and disclose CIPA Section 4 material in the sentencing context, finding:
- No basis to reopen the prior CIPA Section 4 rulings;
- The motion is untimely;
- Granting the motion would cause further delay of the long-pending sentencing.