FAS | Government Secrecy |||

Selected Judicial Branch Documents
on Secrecy, Leaks, Intelligence and Freedom of Information

• State Secrets: Selected Case Files

• USA v. Jeffrey Sterling: Selected Case Files

• USA v. Stephen Kim: Selected Case Files

• USA v. Bradley Manning: Selected Case Files

• USA v. Thomas A. Drake: Selected Case Files

• Anthony Shaffer v. Defense Intelligence Agency et al, alleging unlawful redaction of author's work

• USA v. Ishmael Jones, alleging breach of contract for unauthorized publication

• USA v. Rosen, Weissman ("The AIPAC Case")

• Center for International Environmental Law v. Office of the U.S. Trade Representative, appeal of court ordered release of classified document

• Appeals Court Rebuffs Challenge to Prepublication Review Policy, Edgar et al v. Haines et al, 4th circuit court of appeals, June 23, 2021
• ACLU, NYTimes v. Dept. of Justice, court affirms denial of records on targeted killing, January 2, 2013
• Hetzler v. FBI, court orders partial release of withheld documents, September 6, 2012
• Court Denies Release of Bin Laden Images, Judicial Watch v. Department of Defense, April 26, 2012

• USA v. Terry J. Albury: Unauthorized Disclosure of Classified Information to a Journalist

• Brief of Amici Curiae on classified, leaks to the media, and related issues, October 4, 2018
• Government Memorandum on Sentencing, October 4, 2018
• Feds seek 4-year-plus sentence for FBI agent in leak case by Josh Gerstein, Politico, October 5, 2018

• Adam Johnson v. CIA: Challenging Selective Disclosure to Journalists

• Appeals Court affirms denial of requested records, June 28, 2019
• Memorandum Opinion finds that the requested records are exempt, April 26, 2018
• Court grants CIA motion for summary judgment, March 29, 2018
• CIA response to amici curiae, March 29, 2018
• Amici Curiae Brief in support of plaintiff, March 16, 2018
• Plaintiff's reply to CIA memorandum of law, March 2, 2018
• CIA Defends Selective Disclosure of Classified Information, February 14, 2018
• Court Orders Govt to Justify Selective Disclosure of Classified Information, Adam Johnson v. CIA, filed January 30, 2018
• Plaintiff's memorandum of law in support of summary judgment, September 22, 2017
• CIA memorandum of law in support of summary judgment, August 25, 2017

• Dongfan Chung Petition for Rehearing on definition of "national defense information," October 10, 2011
• Govt Opposition to Dongfan Chung Petition for Rehearing, November 22, 2011
• Court Order Denying Dongfan Chung Petition for Rehearing, December 16, 2011
• Mahmoud Hegab v. NGA Complaint alleging wrongful denial of security clearance, October 4, 2011
• Mahmoud Hegab v. NGA, Govt memorandum in support of motion to dismiss complaint, December 5, 2011
• Mahmoud Hegab v. NGA, Defense opposition to motion to dismiss complaint, December 14, 2011
• Mahmoud Hegab v. NGA, Govt reply in support of motion to dismiss complaint, January 4, 2012
• Mahmoud Hegab v. NGA, Memorandum opinion dismissing complaint, January 19, 2012
• Mahmoud Hegab v. NGA, Petition for Certiorari, August 20, 2013

• ACLU Lawsuit on Detainee Photos

• Solicitor General Asks Supreme Court to Vacate Appeals Court Ruling and Remand Case, November 13, 2009
• Solicitor General Advises Supreme Court That Legislation Exempting Photos May be Imminent, October 8, 2009
• Govt Petitions the U.S. Supreme Court for Certiorari, August 2009
• Declaration of Leon E. Panetta, Director, Central Intelligence Agency, in support of withholding requested records, June 8, 2009
• Govt Motion to Withdraw Appeals Court Mandate Pending Request for Certiorari, May 28, 2009
• Appeals Court Upholds Release of Abu Ghraib Photos, US Court of Appeals for the Second Circuit, September 22, 2008
• Court Grants Release of Abu Ghraib Photos in ACLU v. DoD, Southern District of NY, September 29, 2005
• Court Denies CIA Motion for Stay in ACLU v. DoD, Southern District of NY, February 2, 2005 (2.5 MB PDF file)
• CIA Seeks Exemption from Search of Operational Files in ACLU v. DoD on allegations of torture in Iraq, filed December 8, 2004, Southern District of New York (overruled on December 20, 2004)

• Peter B. v. Central Intelligence Agency, an employment dispute involving a classified plaintiff

  • Court Order Denying (In Part) Govt Motion to Dismiss, June 1, 2009

• Third Circuit Upholds Security Clearance Revocation in El-Ganayni v. Dept of Energy, January 11, 2010
• John Doe v. FBI, a security clearance dispute, filed January 7, 2010
• John Dullahan v. DIA, DoD, ODNI, a security clearance dispute, filed January 7, 2010
• Robert G. Wright Jr., John Vincent v. Federal Bureau of Investigation, court ruling in a FBI prepublication review dispute, May 6, 2009

• CREW, et al, v. Richard B. Cheney on Preservation of Vice Presidential Records

• Court Grants Preliminary Injunction, September 20, 2008

• Appeals Court Invalidates "Enemy Combatant" Determination

• Court Order in Huzaifa Parhat v. Robert M. Gates, published June 30, 2008

• Reporter Bill Gertz Subpoenaed to Testify on His Sources in USA v. Chi Mak

• Court Subpoenas Reporter Bill Gertz to Testify on His Sources in USA v. Chi Mak, May 1, 2008
• Attorneys for Bill Gertz Move to Quash Subpoena, June 5, 2008 (with Attachments)
• Attorneys for Bill Gertz Oppose Ex Parte Filing by Government, July 11, 2008
• Court Orders Bill Gertz to Testify on "Newsworthiness" of His Reporting, July 14, 2008
• Govt Seeks to Maintain Ex Parte Status of Bratt Declaration, July 16, 2008 (supported by Declaration of Acting Ass't Attorney General Patrick J. Rowan)
• Brief of Defendant Tai Mak Regarding Motion to Quash Subpoena, July 20, 2008
• Unsealed Declaration of Jay I. Bratt, unsealed July 21, 2008
• Declaration of William Gertz, July 22, 2008
• Morley v. CIA: Appeals Court Reverses Summary Judgment for CIA, a FOIA lawsuit seeking records regarding CIA officer George Joannides
• Court Overturns Part of Executive Order on Presidential Records, AHA v. NARA, October 1, 2007
• Lawsuit on Presidential Records Dismissed, American Historical Association v. National Archives, March 28, 2004
• Franz Boening v. Central Intelligence Agency, alleging unlawful prior restraint
• Court Strikes Down National Security Letter Provision in ACLU v. Alberto Gonzales, Southern District of New York, September 6, 2007
• Larry Berman v. Central Intelligence Agency seeking release of two editions of the President's Daily Brief, Appeals Court ruling in favor of the defense, September 4, 2007
• Danny B. Stillman v. Central Intelligence Agency, et al on prepublication review, ruling in favor of the defense, March 30, 2007
• Valerie Plame Wilson v. J. Michael McConnell, et al

• The Scooter Libby Case

• Letters to the Court Urging Clemency for Scooter Libby
• Government's Response to Defendant's Third Motion to Compel Discovery, April 5, 2006
• Memorandum Opinion on Discovery of Intelligence Documents, March 10, 2006
• Court Order on Discovery of Intelligence Documents, March 10, 2006
• Libby Response to CIA Declaration on the PDB, filed March 7, 2006
• CIA Declaration on the President's Daily Brief, filed March 3, 2006
• Government's Response to Defense Motions to Compel Discovery, filed February 16, 2006
• Correspondence Regarding Requests for Classified Discovery, filed January 31, 2006
• Indictment of Scooter Libby for perjury, obstruction of justice, October 28, 2005

• Waters v. CIA: Former CIA Officer Sues Agency Over Prepublication Review Dispute

• Government's Opposition to Plaintiff's Motion for a Permanent Injunction (with Exhibits), filed April 5, 2006
• Memo in Support of Plaintiff's Motion for a Permanent Injunction, filed March 7, 2006
• Declaration of Mitch Hoffman, filed March 7, 2006
• Declaration of Mark S. Zaid, filed March 7, 2006
• Complaint, filed March 3, 2006

• Was US v. Reynolds Decided in Error?

• Petition for Certiorari, filed by plaintiffs at the U.S. Supreme Court, December 21, 2005
• Appeals Court Affirms Dismissal of Case, Third Circuit Court of Appeals, September 22, 2005
• Memorandum and Order Dismissing the Case, Eastern District of Pennsylvania, September 10, 2004
• Oral Argument Set for May 11, 2004, court order, March 30, 2004
• Plaintiff's Response and Request for Oral Argument, filed March 25, 2004
• Defendant United States' Reply Brief, filed March 19, 2004
• Plaintiff's Memorandum in Opposition to Motion to Dismiss, filed February 24, 2004
• Motion to Dismiss New Complaint, filed by the government January 23, 2004
• New Complaint Filed in District Court, Patricia J. Herring, et al, v. United States of America, October 1, 2003
• Petitioners' Motion to File Was Denied by the Supreme Court on June 23, 2003
• Petitioners' Reply in Support of Their Motion to File, June 12, 2003
• Solicitor General's Response to Petition for a Writ of Error, May 30, 2003
• Petition for a Writ of Error Coram Nobis to Vacate U.S. v. Reynolds (1953), originally filed with the U.S. Supreme Court, February 26, 2003 (with Appendix). The petition was resubmitted on March 4 with this Motion to File Petition
• Edmonds Institute vs. U.S. Dept of Interior on the requirements for a public interest fee waiver of FOIA costs, October 30, 2006

• Gary Berntsen v. CIA in a Prepublication Review Dispute

  • Former CIA Officer Gary Berntsen Sues for Right to Publish, complaint filed in DC District Court, July 2005
  • Court Grants CIA Motion for Summary Judgment in Berntsen v. CIA, May 22, 2009

• Center for Arms Control and Nonproliferation v. WMD Commission, complaint alleging that the WMD Commission is not in compliance with the Federal Advisory Committee Act, April 6, 2005
• Court Says NY Times May Withhold Confidential Phone Records, opinion of Judge Robert W. Sweet, New York Times v. Gonzales, February 24, 2005
• Doe v. Goss: Initial Complaint, in which a former CIA employee alleges retaliation for failing to falsify intelligence, December 6, 2004
• Wendy Lee v. Central Intelligence Agency: Court Order Dismissing Case, in which a CIA author sought permission to publish her memoir, DC District Court, July 7, 2004

• Tenet v. Doe at the Supreme Court: Can Spies Sue CIA Over Broken Promises?

  • CIA Petition for Certiorari, April 2004 (granted by the Supreme Court June 28, 2004)
  • Appendix to CIA Petition for Certiorari, April 2004
  • Repondent's Opposition to Petition for Certiorari, June 2004
  • CIA Reply to Respondent, June 2004
• Supreme Court Ruling in Cheney Energy Task Force Case, remanding it to a lower court, June 24, 2004
• 9th Circuit Ruling in FOIA Case Gordon, et al, v. FBI, TSA Regarding "No Fly" Lists by Judge Charles Breyer, June 15, 2004.
• Lawsuit Challenging 1970 US Covert Action in Chile Dismissed, René Schneider v. Henry A. Kissinger, et al, March 30.
• Defectors' Lawsuit Against CIA May Proceed, en banc hearing denied in Doe v. Tenet, U.S. Court of Appeals for the Ninth Circuit, January 7, 2004

• Defectors' Lawsuit Against CIA May Proceed, Opinion in Doe v. Tenet, U.S. Court of Appeals for the Ninth Circuit, May 29, 2003
• Padilla v. Rumsfeld, appeals court ruling that the President lacks authority to designate U.S. citizen Jose Padilla an "enemy combatant" (with a dissent), December 18, 2003.
• Gherebi v. Bush, 9th circuit appeals court ruling that Guantanamo detainees may have access to attorneys, December 18, 2003.
• Schrecker v. Department of Justice, appeals court ruling in FOIA proceeding over McCarthy-era FBI records, November 18, 2003
• Opinion Vacating the Conviction of Edwin P. Wilson, Southern District of Texas, October 27, 2003 (and Order)
• Vice President Cheney's Petition to the Supreme Court, petition for writ of certiorari in the Energy Task Force lawsuit, September 2003
• Vice President Cheney's Petition for Writ of Mandamus Denied in Energy Task Force lawsuit, DC Court of Appeals, July 8, 2003

• Assassination Archives and Research Center v. Central Intelligence Agency, appeals court ruling upholding summary judgment in favor of CIA, July 8, 2003
• CNSS v. DoJ, appeals court ruling upholding secrecy of 9/11 detainees, June 17, 2003
• ACLU et al v. DoJ on Patriot Act oversight, Memorandum Opinion, May 19, 2003
• Notra Trulock III v. DoJ, seeking records on himself, March 31, 2003
• Judicial Watch v. DoJ, seeking Clinton pardon records, March 28, 2003
• Appeals Court Ruling in Harbury v. Deutch et al, December 12, 2000

• USA v. Samuel L. Morison

• Court Order Denying Defendant's Motion to Dismiss, March 12, 1985
• Appeals Court Ruling Affirming Conviction, April 1, 1988

Related Resources

• National Security Prosecutions: Protective Orders, Federal Judicial Center, April 2014
• Keeping Government Secrets: A Pocket Guide for Judges on the State-Secrets Privilege, the Classified Information Procedures Act, and Court Security Officers by Robert Timothy Reagan, Federal Judicial Center, 2007
• Terrorism-Related Cases: Special Case-Management Challenges by Robert Timothy Reagan, Federal Judicial Center, March 26, 2008

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Maintained by Steven Aftergood
Updated June 28, 2019