Nobody knows why prosecutors want to keep details surrounding Thomas Kontogiannis' guilty plea secret, and it's anyone's guess what classified information the Greek, New York based businessman had access to. But it's clear that prosecutors have been using some novel arguments and tactics to keep the information under wraps.

At the end of a secret hearing on the issue yesterday, The San Diego Union-Tribune reports, the 9th U.S. Circuit Court of Appeals invited the newspaper's publisher, which is litigating to have the material released, to weigh in:

At the end of the hearing, the judges said they wanted more arguments from the newspaper and the government on a key question: Can members of the executive branch of government – such as federal prosecutors – declare records generated by the judicial branch as “classified”?

It's unclear when the court will rule.