 In the brief, CCR argued that efforts by the Bush administration to deny Khan access to counsel, "ignores the Court's historical function under Article III of the Constitution to exercise its independent judgment," and is using its classification authority to hide illegal conduct when the court has sufficient tools to prevent disclosure of sensitive classified information.On November 4, 2006, the Justice Department said that Khan should not be allowed to speak to an attorney because he might "reveal the agency's closely guarded interrogation techniques".James Friedman, a professor at the Maine School of Law, wrote that the Bush administration is arguing that Khan, and the other high-value detainees held in the Black Sites, should be gagged from talking about the interrogation techniques they were exposed to, even when talking privately to their own lawyers.