Doe v. Tenet

329 F.3d 1135 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. No. 01-35419. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 7, 2002. Filed May 29, 2003. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED 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. Appeal from the United States District Court for the Western District of Washington; Robert S. Lasnik, District Judge, Presiding. D.C. No. CV-99-01597-RSL. Before: CANBY, JR., BERZON, * and TALLMAN, Circuit Judges. Opinion by Judge BERZON. Dissent by Judge TALLMAN. OPINION BERZON, Circuit Judge: ** 1 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…