STILLMAN v. C.I.A.

No. 02-5234.

319 F.3d 546 (2003)

Danny B. STILLMAN, Appellee, v. CENTRAL INTELLIGENCE AGENCY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 25, 2003.


Attorney(s) appearing for the Case

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.

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.

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


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The Government appeals an order of the district court granting Danny Stillman's attorney access to a manuscript written by Stillman and currently under classification review by the Department of Defense (DOD) and the Central Intelligence Agency (CIA). We hold that the district court abused its discretion by deciding unnecessarily the constitutional question whether Stillman has a right...

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