WIDENER, Circuit Judge:
Richard Craig Smith has been indicted on five counts of espionage under 18 U.S.C. §§ 793(a), 794(a) and (c). Prior to trial, Smith gave notice to the government and to the court pursuant to 18 U.S.C.App. § 5 that he intended to disclose classified information as part of his defense. Following the procedures set out in the Classified Information Procedures Act, 18 U.S.C.App. § 1, et seq. (CIPA),
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