Judge Tosses CIA Suit

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The New York Sun

A federal judge, citing national security, tossed out a lawsuit brought by the wife of a former covert CIA employee who says the government broke its promises.

U.S. District Judge Laura Taylor Swain wrote in a decision dated Thursday that a “state secrets privilege” allowing the government to withhold information from litigants if disclosure would damage national security was properly invoked in the case.

The judge noted that affidavits submitted by former CIA Director Porter J. Goss and the lawsuit brought by the wife “make it plain that all of plaintiff’s claims in this action involve relationships and procedures that implicate national security issues.”

According to the lawsuit, the mother and three children, all listed anonymously, were victims of unlawful conduct, breaches of contract and broken promises by the CIA after suffering enormous strain living a “very, very covert life.”

In the largely redacted lawsuit, the wife said she “remains a virtual prisoner in her home” and is “constantly fearful of eventual detection” for a reason that was classified.

She argued that while she receives medical treatment and psychological counseling, the CIA has “demanded that she not disclose the basis for her apprehension to her medical professionals, while simultaneously refusing to provide her any alternative treatment.”

Her lawyer, Mark S. Zaid, said he expects to appeal.

“Federal judges are unwilling or unable to challenge executive branch invocations of the state secrets privilege. The process has become one-sided and is being abused,” Mr. Zaid said.

Yusill Scribner, a spokeswoman for government lawyers, said the government had no immediate comment.


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