EDGAR v. HAINES

No. 20-1568.

2 F.4th 298 (2021)

Timothy H. EDGAR; Richard H. Immerman; Melvin A. Goodman; Anuradha Bhagwati; Mark Fallon, Plaintiffs-Appellants, v. Avril D. HAINES, in her official capacity as Director of National Intelligence; David Cohen, in his official capacity as Director of the Central Intelligence Agency; Lloyd J. Austin, III, in his official capacity as Secretary of Defense; Paul M. Nakasone, in his official capacity as Director of the National Security Agency, Defendants-Appellees. Professor Jack Goldsmith; Professor Oona A. Hathaway; The Reporters Committee for Freedom of the Press, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2021.


Attorney(s) appearing for the Case

ARGUED: Brett Max Kaufman , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, for Appellants. Daniel Lee Winik , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Alexia Ramirez , Vera Eidelman , Ben Wizner , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York; David R. Rocah , AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF MARYLAND, Baltimore, Maryland; Jameel Jaffer , Alex Abdo , Ramya Krishnan , Meenakshi Krishnan , KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY, New York, New York, for Appellants. Jeffrey Bossert Clark , Acting Assistant Attorney General, H. Thomas Byron III , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Robert K. Hur , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellees. Paul N. Harold , Washington, D.C., Brian M. Willen , Lauren Gallo White , Brian Levy , WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION, New York, New York, for Amici Professors Jack Goldsmith and Oona Hathaway. Bruce D. Brown , Katie Townsend , Gabe Rottman , REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Washington, D.C., for Amicus Reporters Committee for Freedom of the Press.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Keenan and Judge Traxler joined.


Five former employees of our Nation's security agencies who, during their employment, had clearances for access to classified and sensitive information, commenced this action against the Central Intelligence Agency (CIA), the Department of Defense (DoD), the National Security Agency (NSA), and the Office of the Director...

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