United States DC Circuit

The district court abused its discretion by unnecessarily deciding that a plaintiff has a First Amendment right for his attorney to receive access to classified information, where such access is needed to assist the court in resolving plaintiff's challenge to the classification of national security information.

Appellate Information

• Argued 11/12/2002
• Decided 02/25/2003
• Published 02/25/2003

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, U.S. Department of Justice, and Thomas M. Bondy and Douglas Hallward-Driemeier, Attorneys.


• For Appellees:
  
• Mark S. Zaid argued the cause and filed the brief for appellee., Mark H. Lynch argued the cause for amici curiae American Civil Liberties Union of the National Capital Area and Public Citizen, in support of appellee.   With him on the brief were Arthur B. Spitzer, Stephen M. Block,Michael Tankersley, and Scott L. Nelson., Roy W. Krieger was on the brief for amici curiae M.K., et al., in support of appellee.