Able Danger Blog


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Tuesday, March 03, 2009

Judge rules for Shaffer three years later

Talk about too little too late:

A federal court this week said that litigants have a First Amendment right to provide classified information to their attorneys when doing so is necessary to protect their interests. The ruling is implicitly at odds with a common government practice of denying attorneys access to classified information in Freedom of Information Act cases, pre-publication review disputes, and other matters.

There is a “First Amendment right to share [classified] information with an attorney when such sharing is necessary for an attorney to advise his client of his rights,” wrote Judge Gladys Kessler (pdf) of the DC District Court.

The ruling came in a lawsuit brought by former Defense Intelligence Agency employee Anthony Shaffer against the DIA in connection with the controversial intelligence program known as Able Danger. DIA sought to bar Shaffer from providing classified information about the program to his attorney, Mark S. Zaid, even though he holds a security clearance. Mr. Zaid challenged the denial, and the court found merit in his complaint.

“Without knowing all that his client, and the Defendants, know, Plaintiff Shaffer’s counsel cannot be prepared to adequately represent his client’s interests,” Judge Kessler concluded.