"State Secrets Privilege" Upheld by Court in Anti-Discrimination Suit against CIA

The Fourth Circuit Court of Appeals today affirmed the dismissal of Jeffrey Sterling’s discrimination lawsuit against the Central Intelligence Agency (“CIA”) based on the Government’s invocation of the state secrets privilege. Sterling had served as an Operations Officer with the CIA in its Near East and South Asia Division from 1993-2001. In light of then DCI George Tenet’s request for dismissal on national security grounds, the Fourth Circuit reaffirmed a now widely held position that courts “are neither authorized nor qualified to inquire further” and examine the veracity of the reasons set forth in a Department head’s declaration. This decision reflects an increasing trend of federal courts to give the Executive Branch carte blanche when it comes to national security civil cases, and sends a message to individuals working within the intelligence community that they surrender significant inherent legal rights due to their employment.