In the case of accused embassy bomber Ahmed Khalfan Ghailani, Judge Kaplan just entered this order:

By letter dated January 6, 2010, defendant has sought a modification of paragraph 5(a) of the Modified Protective Order Pertaining to Classified Information. He contends that his counsel are unduly hampered by their inability, consistent with that order, to discuss with him matters relating to defendant's detention by the Central Intelligence Agency....[see Order]... It perhaps is conceivable that there is an appropriate reason for concern on the part of defendant's counsel. Nevertheless, I am frank to say that I cannot understand from the defendant's submission why the government is not entirely right on this issue. Accordingly, the application is denied. SO ORDERED.