Brief filed: 12/12/2022
United States v. Warda
United States Court of Appeals for the Armed Forces; Case No. No: 22-0282/AR
[T]his case raises fundamental constitutional issues implicating Appellant’s right to have his Fifth Amendment right to Brady material and his Sixth Amendment right to compulsory process in securing evidence from MAB’s [the complainant] U.S. Citizenship and Immigration Services [USCIS] Alien File [A-File] produced for an in camera judicial review. That was necessary to protect Appellant’s right to confront his accuser, to include impeaching her at trial. Finally, this case implicates Appellant’s Sixth Amendment right to the effective assistance of counsel. NACDL is not alleging ineffective assistance of counsel [IAC], but rather that Appellant’s Trial Defense Counsel [TDC] was improperly thwarted by the government’s opposing his request for an immigration law expert to assist the defense, which the military judge denied, as well as access to her A-File.
Donald G. Rehkopf, Jr., Law Office of Donald G. Rehkopf, Jr., Rochester, NY; Barbara E. Bergman, NACDL, Tucson, AZ.