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RICKARD HORN, 

Plaintiff, 

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Defendants. 

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~lTED STATES DISTRICT COURT 

FOR THE DISTRICT OF COL'tJ'"MBIA 

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Civil A~tionNo. 94-1756 (RCL) 

MEMO~"DUM OPINION. 

B,~fore the Court are several motions by'the psrties. Of central import are tw'o motions, 

one by plaintiff and one by t1:te United States. On November 7, 2000 the United States filed a 

cons~llt motiDn to int~rvene in t.iTIs case and simultaneously fikd a Ivlonoll t\} Dismiss Civil 

Action 94-1756 Based On the State Secrets Privilege C~Morion to DiSmiss"), t On November 13, 

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2000 plaintiff filed Plaintiff's Motion to Adopt the Classified Information Procedures Act 

("1'.,1otion to ,Adopt elF A' 0), 1 g' U.S, C. App, §3. These motions are related, Plai.l"ltiff's lvfotion to 

Adopt ~IP A is offered as an alternative to dismissal. Plaintiff proposes that the Court adopt 

CIPA, adapt the act to the civil nlies, and apply it to this case as a mechanism whereby the case 

oan move fo~ard. Also before the Court are t\Vo related.motions: Plain:I:iff's Motion for the 

Court to Order the Court SectUity Officer to Conduct the Process for Plaintiff's CO'UIl~el' s 

Secretaries to Receive a Security Clearance (Apr. 11, 2000); and Plaintiff s Motion for the Court 

Security Officer to Conduct the Process for Plaintiff, Richard A, Horn to Receive a Security 

Clear~ce, Since He is Now Retired from DBA (Jan, 10) 2000). Upon consideration of the 

written submiBsions of the parties, the law, and the facts, of this case, the Com:t sh.a11 grant the 

1 Th~ Col.1.l;t dismissed Civi1.~tionnumbcr 96-.2120 on August 15,2000 and simultmeously vacated the portion of 

the Courra March 24, 1991 Or~ that consolidated tho two case!!. L 

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motions alW.l be molVtd ~ c:.onchuion. 

Baqaund 

Plaintiffis I fomI.~ eraploY~~ offtle p.S, Dm: &fQ~ Aprty C;'PJSA") ~ 

brjna t1:rls 'suit for actions thAt oeeurrcd while he ~'a! 5tluoned in R.imgoon. Burma ~ the DBA - , 

courmy att;achc, Defendants 8l'e Pncl::lliI Huddle, Jr, r'Dci=d~ f'), E. Sta%e Oep~t 

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employee and Chief ofMissicn oftb Embassy, ~ bngo~ Burma, m~ Artlmr Brown 

PlainttfiDrcngbf a ~ 01" apinst'D~t I &lid !>cf't.nd."t II 1br alloged actiOlU 

tha,t \'iol&tcd 1Us Fourth Amemi1mcntriahts undertha ,Constimtitm. Colupl. 11B. Plahdif!~~ 

that on Of about AUgust ll~ 1993. DefenA'nt Il or someon$ B'tiD.g on hia behAlf ''tIppad'' biB WI: 

night telephone calli reco~d it, mil ~lo.~ the COllIetlts to 'Dmnd.ant L CompJ. 113.s Plaintiff 

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tr~ 1hat lJef=d.nt n either pOrfotlU!d.1he tipping l:l1n1aelf or ~ II.UOU to pcrfaon it in . .' 

rata.Wrtian for pla:inti£rll wt ofrsporCng Defendant Jl to DBA ~I for apecifu: ac.tB 

tabn by D~ n to tUlIiennme DBA opermOlli iu Btlim&. CaxnpL 19. Sp~c:ifieaUy, plablti:4 

alloges that ho reported that Defendant n tumed over a oopy of a. DBA. docum=.t that ~u~ 

bmm~ Clf a ~=tia1 PBAm.fomaxtto ,~pe!toDt ~ ~B~ gcvmm:ium.t 

w!th.out DBA p~Oll. !d, SUbsequently, pldmitfll1.legstkln! togs:rd1n§the hmdllilg of file 

DBA ~u:ment 'Was the subj oct of an. Impactor Qeperal Report that tb.~ C;oUtt cl~~ on . , 

~uguat lS, 2000 ttl be pnrteetcd ~m di8elomrc by the &10 secrets prlvilaJ6, 

Plaintiff turthcr iI~ ;hat the putpo~b oftbe ~hone tap was 'to . wilt Defendant I in 

ob~ mtb11Dati.cn 1hat wo1lld~ Dci'mdIm! r d:msndini plaintiff'. femcval from Buma 
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or ath.e~ise justify e}..l1elling him directly. Campl. ,10. Plaintiff alleges that Defendant I sought 

plaintiff's removal from Bunna as retali~tion for plaintiff sending reports to congressmen that 

conflicted with State Department reports prepa.red by Defendant 1 Compl. ~11-12. Plaintiff 

supports his accusation of wire tapping with the contents of a ca.ble sent by Defendant Ion or 

about AugUst 13, 1993 to his superiors LTl the- State Depaitment that contained allegedly verbatim 

quotations from the August 12l 1993 phone conversation. CampI. ~13. The alleged phone 

tapping incident is the subject of a second Inspector General Report that the Court determined an 

AUgust 15,2000 to be protected from discIosuxe by the state secrets privilege. 

The relevant procedural baekground to this case, originally filed in 1994~ begins in 2000. 

On August 15> 2000 the Court ruled in favor ofllie United States on a motion to assert state 

secrets priyi1.ege over the tViro Inspector Ge.::1er:a1 Reports ("IG ReportS')) mentioned above a:."1.d 

cenain attachments to those reports,4 After granting the United S~a.tes' motion to assert state 

secrets privilege ov~r the IG Reports, the Court invited plaintiff to demonstrate at an August 21, 

2000 hearing how the case could proceed in light of the state secrets privilege. See Aug. 15, 2000 

Order. At that hea..ri.ng, the Cou...n further invited the parties to su.bmit follow up briefing on the 

issue. Aug. 21;2000 Hr'g TXI at 12:1~4, 19:5-7. 

Pla.in:tiffproffered cenam facts at the hearing and further filed the pending motion to 

adopt diP A as an alterna.tive to dismissal. Approximately one week prior th~ United States 

moved to intervene and :filed its Motion to Dismiss, Plaintiffhas not filed an opposition to the 

United States Motion to Dismiss. Plaintiff has filed, however, several motions for extension of 

}ime to oppose the motion to dismiss and has asked the Court to order investigations an~ if" 

found trustworthy, top secret clearances to both the plaintiff and to plaintiff S cOlmSel's 

.. ~ Aug, 15,2000 Opillion at 4n. 4·5 (cl.a.~i:fied) (fi.n.dmg th: sta.to se~~et pxivilege Jl.ppUed to the IG Reports in 

thejr entirety and oDly cenaiu offheir a:ttachmcnts end listing those attacl:iments already provided to -the plaintiff). 

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secretary,S Plaintiff's counsel asserts that his secretary must be.cleared in order to type any 

opposition and that plaintift who lost his top secret clearance upon retirement, must be cleared 

to allow plalnfiff and plaintiff' 5 counsel to collaborate on the opposition, w.~ch plaintiff's 

counsel asserts requires consideration of classified materials. 

In order to resolve the United States' 1\1otion. to Dismiss the Court must determine 

whether it can resolve the motion without the assistance of aTl opposition from plaintiff. If the 

Court determines that it requires the assistance ofplaintifrs counsel then~ as p1B.intiffhas 

portrayed it. the Court must order, over the government's opposFtion~ background investigations 

and the -award of clearances to both plaintiff and plaintiff s counsel' s secr~tar)r. 

The Court finds guidance in the D.C. Circuit's opinion in Stillman v. Central Intellie:ence 

Agsnc·v. 319 F.3d 546 (D.C. eir. 2003). Stillman, a former government employee, submitted a 

book manuscript for prepublication re.view. The government determin.ed it was classified and 

denied his ri~t to publish, prompting Stillman to SUB. As part of the suit, plaintiff's counsel filed 

a motion to compel the govornment to iant him. access to the classified portions ofthe 

manuscript. The. district court judge determined that he required the assistance of plaintiff's 

counsel in. detennjnj~g whether the government's classification. decision was correct and so 

ordered the government to conduct the requisite background investigation and, if trustworthy. to 

tum over tho classified mant.iscript to plaintiffs' counsel, On appeal of the turnover order, the 

Court of Appeals reversed and reman~ed, .finding th~t the district judge should have attempted to 

resolve the classmcation issue ex parte, without the assistance of plaintiff's oo~sel) before 

ordering the background investigation and tum over of the manuscript According to the Court of 

Appeals the district court should ~'fi.rst determine whether it can resolve the classmcation ex 

parte .... and consider any pleadings and declarations filed byth~ Government as well as any 

S Plaintiff's counsel was investigated and awarded a. top-secret clearance earlier in this case. 

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materials rued by [plaintiftj." Still:m@, 319 ~.3d at 548. lfthe court is unable to resolve the 

classification in this manner "then the court should consider whether its need for such assistance 

outweighs the concomitant intrusion upon the Government's int~est:in national security. Only 

then should it decide whether to enter an. order granting [plaintiff s counsel) access to the 

manuscript." rd. at 549. The Coun of Appeals funher acknowledged that even ifLQe district 

court made this dere~tion the United States would have a righr LO appeal. 

The Court'here confronts similar, though not identical, facts and finds the same procedure 

appropriate. The United States served an unclassified versi~n of its Motion to Dismiss on 

p1a.in.t.if:rs counsel. Plaintiffs counsel asserts that an opposition will require use of classified. 

h~fonnation~ collaboration with plaintiff, and typing by his secretary. Althoughplaintiff's 

counsel is Dot movi.'"lg to compel the United States to tum over the classified version of its 

Motion to Dismiss or any other classified documents, counsel is asking to use~ discuss, and cite 

to classifi~d informs.tioD in order to draft bis opposition and ther~fore requests the Court to order 

background investigations on two ~dividua1s. Of particular relevance is that the United States 

has asserted that plaintiff and, plaintiff s counsel are in inadvertent possession of know ledge of. 

classified programs above the cl~anmce level they currently possess. An award of a clearance 

would as.$ist the fUrther discussion and dissemination of classified information that neith~r 

plaintiff nor pla;ntiff s coUnsel is supposed to possess in the first place. 

The Court follows Stillman and [lIst determines whether or not it oan resolve the Iv.(otion 

to Dismiss ex parte based on the existing pleadings and declarations submitted by the 

government and by plaintifL The Court :finds that it can resolve the ,pending motions without the 

benefit of 5ll additional opposition to the Motion to Dismiss by plaintiff. The plaintiff s Motion 

to Adopt CJP A is sufficiently related to the Motion to Dismiss so as to afford the Court an 

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altemati,,-e per~ective and argument that, along with the ex parte filings of the United States, 

enables the Court to resolve the Motion to Dismiss. 

An August 15, 2000 Order put the plaintiff oll: notice that the Court was considering 

dismissal even before the United States filed its motion. Aug. 15~ 2000 Order «'Having sustained 

the United States' Assertion of State Secrets Privilege ... it is. not apparent to the court how 

plaintiff plans to proceed with disc~very in this case."). At the August 21 heating, the Court 

summarized the next step saying: "It seems to me then that the issues will be teed up with the 

plaintiff's motion for a Rule 26 order ... and the defendants' motion to dismiss." Aug. 21, 200Q 

Hr' g Tr. at 12: 1-4. Plaintiff was on notice as of that hearing that dismissal of his case was a 

likely outcome, and was the logical follow~up to a government motion on state secrets. On 

November 7, 2000 the United States filed its Motion to Dismiss on state secrets grounds ai1.d 

served plaintift.., s counsel with the unclassified version of its motion. On November 13, 2000~ in 

light oithe August 21,2000 hearing and the UDited States' motion, plaintiff filed the Motion to 

Adopt Cll? A. The M;otion to Dismiss and Motion to Adopt eIP A l'epresent opposing views on 

the future of this case. The United States argues that the case should be dismissed because the 

Court grsnted the state secrets privilege over the IG Reports, including much of the facts and 

circumstances oft1#.s civil action. The plaintiff, by contrast, argues that the Court can and should 

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continue the case despite granting the st~te secrets privil~ge over the IG Reports by adopting 

CIP A for use in civil suits. The Court finds these briefs sufficiently relEted that it obviates the 

need for p1sintiffto file a separate opposition to the Motion to Dismiss. 

Furthermore. the Court :finds that even if plaintiff had not filed its Motion to Adopt CIP A 

that plaintiff's counsel had adequate time to file an opposition to the unclassified motion to 

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dismiss and could have relied on counsel's Ot¥ll knowledge ofllie case. The Motion to Dismiss 

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".'vas filed six years after litlgs:tion began and the Court is certain that plamtiff's counsel 

possessed adequate lmowledge offhe facts to file an opposition. without the assistance of 

plaintiff Indeed, plaintiff s counsel admitted as much, stating: "I've spent thousands of hours on 

this case because I 1m ow [plaintiff] and I believe in his cause." A.ug. 21, 2000 Hr~ g Tr. at 15:17-

18, Moreover, plaintiffs counsej's !llou:,m reques'Jng clearance fer his secretary because he does 

not or ca.."lIlot type is without merit. P18imiif s cOUJ.1.sel offers no c.:sability or handicap ilia: 

prohlbi!s him from operating a com.puter or typeWriter. At most, plaintiff's counsel merely types 

very slowly. And finally. as the Court has on occasion received h:md.-Vilritten. briefs from parties, 

plaintiff s counsel has offered no reason why he could not do likewise. 

In The alternative, even if the Court were to find that it could not resolve the Motion to 

Di~mi.ss wiU1DuL the assistance of plaintiffs oounsel, it would s"till be required to bru.ance that 

:ileed against the United States' ;nterest in national secfuity. Stillman, 319 F.3d at 549, BUt LI-J.e 

result ar such balancing was determined when the Court found the state secrets privilege applied 

to the information in the IG Reports and certain attachments and.made the determination that that 

info!Illil.tion was protected from disclosure. If the Court were to award clearances it would be 

encour8.;;,cring the dissemination ofinfoImation fo-q.nd to be so important thet it was protected from 

. further disclosure by the state secrets privilege. This is because plaintiff sud plaintiff's counsel 

are already in possession of classified infoImstion t'ha: is beyond their security clearance. For 

example:!.ilaintiff ana. p laintifr-s coU!iSe~ ar'o aWare of the presence 

Having fOUIld that the state secrets privilege provides an absolute bar keeping 

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certain information out of the litigation, the Court finds its interest in h~ving the assistance of 

plaintiff's counsel outweighed by the United States' interest in national security. 

]\1otion to Dismiss 

In its August 15: 2000 Opinion the Court sustained the United States assertion of the state 

secrets privilege over certain portions of two IG Reports and certain attachments to those reports. 

The Court must now address, on motion of me United States, ·whether or not the case must be 

dismissed as a. r~sult of the removal of the information contained in the 1G Reports from the caso. 

For the reasons sot forth below the Court concludes that in the absence of the material protected 

from disclosure by the state secrets privilege the case must be dismissed. 

The Court finds three independent grounds for dtsmissat First, the Court :finds that 

dism.issal is required because the plaintiff cannot make out a prima facie case absent the 

protected material. Halkin v. Helms, 690 F.2d 917, 988~89 (D.C. Cir. 1982) ("Halkin IT') 

(:finding dismissal a.ppropriate where state secrets prevented plaintiffs from making a prima facie 

case) .. Second, the case mu.st be dismissed because the state secrets privilege deprives the 

defendants oiinfonnationrequired in their defense. Molerio v. Fed. Bureau of Investigation, 749 

F.2d 815,825 (D.C. Cir. 1984) (finding case should be dismissed because court's evaluation of 

state secrets privilege revealed existence of a valid defense that defendants eouId not assert 

because of privilege); see also Barcford v. Generai Dynamics Com.! 973 F.2d 1138) 1141 (3m 

eir. 1992) (citing cases). Third, the case must be dismissed because the very subject matter of 

plaintiff" s action is a state secret and J'witnesses with lmowledge of secret infoIlllation may 

·divulge that information. during trial because the plaintiffs 'would have every incentive to probe . . . 

as close to the core secrets as the trial judge would pennit. Such probing in open court would 

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inevitably be revealing.'" Bareford, 973 F.2d at 1141 (atlotinE[ Famsworth. Cannon. Inc. v. 

Gri.mes. 635 F.2d 268,281 (4th Cl.r. 1980»). 

The first stage in determin:ing that dismissal is appropriate in ibis case is a determination 

tb:at the state secrets privilege applies, The Court completed this step in its August 15,2000 

Opinion. There the Court ciatenn.ined that "the gO'i'ernm£!Ut has llfet the procedural and 

substantive Tequiremems for tnvolring the state secrets pri-;i.legE." Aug, 15,2000 Op. at 10 

(mciassiiied). HaYing so 6.etennined, the Court vacated. its FebI'illl47 1, 2000 order reqciril1g 

disclosure of portions ofllie 1G Reports and certain attal::hmen.ts to the plaintiff and found that 

the stare secrets privilege ba..-red disclosure of these Same documents. 

The infonnation contained in the 10 Reports and those attachments protected by the state 

secrets privilege has now been. :emo'ved frolt1 t.h.e c.ase. If the plaintiff can no longer make a 

prima facie case without the privileged material then the case must be dismissed. Halkin II, 690 

F.2d a.t 98g~89; BllEberg v. Mitchell, 709 F.2d 51, 65 (D.C. Cit. 1983); Bareford, 973 F.2d at 

1141-43; Fitzgerald v. PentbouseInt'l. Ltd" 776 F.2d 1236 (4t;, Cir. 1985). 

In its August 15, 2000 Opinion the Court set forth the types of information cont-ained 

vvithin the IG reports that justified ex.ercise of the state secrets privilege over those reports. Tl:.e 

Court found infonnation in the following categor1i:is 'Protected from disclosure: 1) information 

that "would threaten to reveal the idennties of certain co~ert CIA officers"; 2) information M to 

the ~1ocaiion of certain cover. ClA installations and 8Ctivities"~ 3) ainfonnation as tc ths 

organizational structure nnd functions ofllie 4) information on "intelligence 

gathering sources, met.~ods and ca.pabilities, including liaison relationslrips with foreign 

governments." Aug. 15: 2000 Op. at 11-12. 
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Plaintiff's prhna facie c~se is rife wi.th ma.terial that falls Witliin these categories. As to 

Defendent II) virtually all information relating to the prima'facie case againBt this defendBnt is 

now protected by the: state secrets privilege. DefendB.n.t II's identity as a covert CIA officer is 

protected as is the fact tha& Burm~and had subordinate 

CL.6.. o:ncers working under hlm . 

. Information reg3!'din~e phone ta~i5likcwise p:ivileged s.s f;lJing within these 

categories, Specifically, whether or not Defendant II had the personal capacity, training, or 

equipment necessary~ conauct phone ta~d whether or not any ofhls subordinates did is 

is the identity_fMarlow 

fmds that because of me state secrets pri.vilege all e"ideuce that plmntllfmight conceivably 

obtain to prove the existence ofth.e phone tap is privileged. Plaintiff cannot make out a prima 

~acie caSe simply by offering the conten.ts of the cable, allege that it con.tains quotes from his 

conv-ersation., and then claim that the inference is that the information must ha~o been ~ result 

of a phone tap, Yet tbis inference is all that remains. 

Plaintiff faces the same proble:n as to Defeo.~ant L Even ~ugh it is unclassified that 

Defendant! worked for the ,State Department, plaintiff cannot establish that the information in 

the cable came from a phone tap. A! most plaintiff has a dispute about whether or not Defendant 

I learned the infonnati.on from anoth~r person or from a phone tap. Bt:.t plaintiff cannot establish 

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8. prima facie case by offering any evidence that the phone tap occu..rred. Therefore! plaint:i£.rs 

case m.ust b~ dismissed beoause plaintiff cannot establish a prima facie case against either 

deferuimt. 

. Plaintiff's case must also be dismissed on a second ground: me state secrets privilege 

deprives the defendants ofinfomlatian required in their defense. Molena v. Fed. Bureau of 

Investi2:ation, 749 F.2d 815,825 (D.C. Crr. 1984); J?arefordl'. General DynaI!lics Carp., 973 

F.2d 1138, 1141 (5th Cir. 1992). In order to defend himself, Defendant n would require 

information that is protected from disclosure by the . 

Similarly, Defendant I cann..ot prove that he did not receive from a phone tap l 

because that infanns.ti.on is privileged.. Defendant I'would need to but could not show that he did I 

nut have any oontact 'With any CIA operatives order to I 

receive the contents of the phone tap. The identi.ties, existence, and jobs oft'rtese operatives ar~ . 

privileged. 

The third ground for dismissing plaintiffs case is that the very subject matter of 

plaintiffs action is a state secret. Bareford. 973 F.2d at 1141; Farnsworth Cannon. LTlc" 635 P.2d 

at 281 (where "the danger of inadvertent compromise of the protected state secrets Qlln¥eighs the 

public and private interests in attempting formally to resolve the dispute while honoring the 

privilege" the case w..ould be dismissed) (Phillips, J.! concurring and dissenting); Fitzgerald. 776 

F.2d at 1241·42 e'm some Cl.tcum.st2nces sensitive military secrets will'be so centra.l to the 

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subject matter ofthc litigation that any attempt to proceed mll threaten. disclosure of privileged 

. matters"). At the heart of plaintiff's claim is whether or n.ot his phone was tapped and it is this 

information that is at the center of the state secret~ PriVilege~rom the existence of the phone tap 

inadvertent disclosure of a state secret would be highest in. the examination 

topic of the phone tap end outweigl1...s plaintiffs interest in the suit. 

The Court frnds that no amount of effort or care on the part of the Court in overseeing 

discovery or trial can safeguard the privileged material. Therefore there is n.o way to try this 

pa.c-cic.uhu- ca.."e ,l:Jithout compromising sensitive information and the case must bE dismi£sed. 

fi1otion to Adopt CIPA 

Pla:intiffmoves this Court to adopt CIP A as a mechanism ~at would an ow the case to 

move forward. The Court has already concluded that the case mus; be dismissed because of the 

removal of information. p~otectcd by the state secrets privilege and so plaintiffs motion is moot. 

However, even if the case could move forward, the Court cannot adopt CIP A as a mechanism for 

allowing it to do so. First, the plain language ofllie statute makes it clear that the statute only 

applies to crimin.al cases not to civil cases. 18 U.S.C. App. 3 §3 states that "[u]pon motio-n oft:b.e 

United States, the court shall issue an order to protect against the disclosure of any classified 

information disclosed by the United States to any defen.dant in any criminal case in a district ' 

court of the United States. '1 (emphasis added). 'The Court \1.-ill no~ look beyond the plain language 

of the sta.tute where that language is clear and unambiguous. Estate of Cowan v. Nicklas Drilling 

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Co .• 505 U.S. 469,475 (1992) ("[Wlhen a statute speaks with clarity to an issue judicial inquiry 

into that statute's moaning, in all but the most extraordinary circumstance, is .finished."). 

Second, the state secrets privilege is absolute. United States v. Revnolds, 345 U.S. I, lOII (1953) ( stating that "e\1en the most compelling necessity cannot overcome the claim of 

privilege if the coUrt is ultimately satisfied that military secrets are a.t stake"); see also Molerio, 

749 F.2d at 821; Bllsberg, 709 F.2d at 56; Halkin IT, 690 F.2d at 990. If the Court adopted CIPA 

and then proceeded to direct the turnover of materials protected by the state secrets privilege, the 

privilege would not be absolute. tnstead, the privilege would bocome subjected to some kind of 

balancing test whereby the Court could determine that in certain cases notwithstanding the 

privilege that the information should be produced. The Court can find no support for such a 

techniqu.e, The analysis of the state secrets privilege does not require consideration ofilie type of 

claim that plaintiff is filing or balance the plaintiffs need for the information. Re\/D.olds, 345 

U.S. at 11 (noting that even though. '~e showing of necessity ... determiners] how far the cou..rt 

should probe ... even the most compelling claim of necessity cannot overcome the privilege';. 

Furthermore, the fact that plaintiff is filing· a Bivens claim for violation of his constitutional right 

is not a trump card. HallOO·IT, 690 F.2d at 990 (upholding dismissal of a Bivens cl~ because 

information essential to the claim was protected from disclosure by the state secrets privilege); 

Black v. United States, 62 FJd 1115,.1118 (8th eir. 1995) (same). Thus the Court shall not adopt 

qIP A as a mechanism for allowing p~tiff' s case to go forward. 

Conclusion 

Having determined that the state secrets privilege bars disclosure ofthe'IG Reports and 

certain attachments and upon consideration of the United. States' Motion to Dismiss and I 

plaintiff s Motion to Adopt CIP A, the Court findS that absent the infonnation protected by the 

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state secrets privilege the case cannot continue and must be dismissed. As a. result of the state 

secrets privilege plaintiff cannot make out a prima facie case~ defendants cannot present facts 

necessary to their defense, and the very subject matter at the heart of this case is protected from 

disclosure as a state secret. Furthermore, the Court cannot and will not adopt CIP A as a . . 

mechanism for clloWlllg me case to go forward. Plaintiffs Biven '5 claim against Franklin 

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Huddle, Jr., Defondant L ande--thur Brow~efendSJlt II, shall be dismissed. 

As a. result of granting the United States' Motion to Dismiss, Plaintiffs Motion for the 

Court to Order the Court Security Officer to Conduct the Process for Plaintiffs Counsel's 

Secretaries to Receive a Security Clearance (Apr, 11~ 2000) and Plaln.tifi's Motion for the Court 

Security Offioer to Conduct the Pl'Ooess for Pl~ Richard A. Hom to Receive a Security 

Clearallce, Since He is Now Reti"'ed from DEA (Jan. 10) 2000) shall be deI'ied as moot. 

A separate order shall issue this date. 

Date: July 28, 2004 ~c.~ RO .h C. LA..M:BERTH 

UNITED STATES DISTRICT JUDGE 

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