Federal Judge Says She Is ‘Literally Speechless’ over DOJ Secrecy Claim
A federal judge hearing a suit involving allegations of extraordinary rendition said Thursday she is “literally speechless” at a Justice Department assertion that the plaintiff cannot give the judge classified information to review.
Justice Department lawyer Brigham Bowen said only the executive branch has the power to make decisions about classified information, the New York Times reports. U.S. District Judge Beryl Howell of Washington, D.C., said the claim left her speechless, but she directed a lawyer for the plaintiff to respond to the government objections in a brief.
The dispute is part of a lawsuit filed by former State Department employee Sabrina De Sousa, convicted in absentia in Italy for participating in the kidnapping of a radical cleric. De Sousa, who has denied any role in the kidnapping, will not say whether she worked for the Central Intelligence Agency. In her suit, she claims the United States should have asserted diplomatic immunity on her behalf, according to The BLT: The Blog of Legal Times.
De Sousa’s lawyer, Mark Zaid, argues he should be allowed to present classified information in response to the Justice Department’s motion to dismiss. He has represented many CIA officers and holds a security clearance.
Zaid told The BLT the Justice Department is increasingly pushing for a rule to deny all civil litigants the right to disclose classified information to judges.
