TENET v. DOE

No. 03-1395.

544 U.S. 1 (2005)

TENET ET AL. v. DOE ET UX.

Supreme Court of United States.

Decided March 2, 2005.


Attorney(s) appearing for the Case

Acting Solicitor General Clement argued the cause for petitioners. With him on the briefs were Assistant Attorney General Keisler, Deputy Assistant Attorney General Katsas, Lisa S. Blatt, Barbara L. Herwig, and H. Thomas Byron III.

David J. Burman argued the cause for respondents. With him on the brief were Steven W. Hale, Elizabeth A. Alaniz, and Marie Aglion.

REHNQUIST, C. J., delivered the opinion for a unanimous Court. STEVENS, J., filed a concurring opinion, in which GINSBURG, J., joined, p. 11. SCALIA, J., filed a concurring opinion, p. 12.


CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

In Totten v. United States, 92 U.S. 105 (1876), we held that public policy forbade a self-styled Civil War spy from suing the United States to enforce its obligations under their secret espionage agreement. Respondents here, alleged former Cold War spies, filed suit against the United States and the Director of the Central Intelligence Agency (CIA), asserting...

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