Doe v. Tenet

353 F.3d 1141 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. January 7, 2004. Steven W. Hale, Esq., Perkins Coie LLP, Seattle, WA, for Plaintiffs-Appellees. Freddi Lipstein, Esq., Department of Justice, Washington, DC, for Defendants-Appellants. Before William C. Canby, Jr., Marsha S. Berzon and Richard C. Tallman, Circuit Judges. ORDER 1 Dissent by Judge KLEINFELD. 2 The majority of the panel has voted to deny appellee's petition for rehearing and petition for rehearing en banc. Judge Canby votes to deny the petition for rehearing and recommends denial of the petition for rehearing en banc. Judge Berzon votes to deny the petition for rehearing and the petition for rehearing en banc. Judge Tallman votes to grant the petition for rehearing and the petition for rehearing en banc. 3 The full court has been advised of the petition for rehearing en banc. An active judge requested a vote on whether this matter should be reheard before an en banc panel. The…