No. 01-35419.

329 F.3d 1135 (2003)

John DOE and Jane Doe, Plaintiffs-Appellees, v. George J. TENET, Individually and as Director of Central Intelligence and Director of the Central Intelligence Agency; United States of America, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2003.

Attorney(s) appearing for the Case

Daniel L. Pines, Central Intelligence Agency, Mclean, VA; Stuart Schiffer, Francis J. Diskin, Barbara L. Herwig, and Freddi Lipstein, Department of Justice, Washington, DC, for the defendants-appellants.

Steven W. Hale and Elizabeth A. Alaniz, Perkins Coie LLP, Seattle, WA, for the plaintiffs-appellees.

Before: CANBY, JR., BERZON, and TALLMAN, Circuit Judges.

Opinion by Judge BERZON. Dissent by Judge TALLMAN.


BERZON, Circuit Judge:**

Jane and John Doe — fictitious names, adopted for this litigation for reasons that will appear — assert that they performed espionage activities on behalf of the United States against a former Eastern bloc country. The Central Intelligence Agency (the "CIA"), they say, assured them that it would provide assistance in resettling...

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