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Mohamed v. Jeppesen Dataplan, Inc.

Citations: 539 F. Supp. 2d 1128; 2008 U.S. Dist. LEXIS 25940; 2008 WL 782802Docket: C07-02798 JW

Court: District Court, N.D. California; February 13, 2008; Federal District Court

Narrative Opinion Summary

In a case before the United States District Court for the Northern District of California, the plaintiffs, foreign nationals, filed a lawsuit under the Alien Tort Statute against Jeppesen Dataplan, Inc., alleging involvement in unlawful rendition activities including apprehension, transportation, imprisonment, and torture. The United States sought to intervene, invoking the state secrets privilege, arguing that the case's proceedings could compromise national security by exposing sensitive CIA operations. The court, led by Judge James Ware, reviewed the allegations and a classified declaration from the CIA Director, determining that the United States met the criteria for intervention pursuant to Federal Rule of Civil Procedure 24(a). The court found that the subject matter of the case constituted a state secret, rendering it non-justiciable. Consequently, the court dismissed the case with prejudice, emphasizing the need to protect national security interests and deferring to the Executive Branch on matters involving foreign policy and intelligence operations. This dismissal was based solely on the state secrets privilege, leaving unresolved issues of the plaintiffs' standing or potential recovery under the Alien Tort Statute.

Legal Issues Addressed

Assertion and Verification of State Secrets Privilege

Application: The court verified the procedural requirements for asserting the state secrets privilege, including the formal assertion by a high-ranking official.

Reasoning: The Court confirms the government has adhered to procedural requirements, with General Hayden, CIA Director, formally asserting the privilege in a public declaration.

Dismissal for Lack of Subject Matter Jurisdiction

Application: The court dismissed the plaintiffs' action for lack of subject matter jurisdiction, determining that the subject matter was a state secret and thus non-justiciable.

Reasoning: The Court concludes that the case is non-justiciable due to the subject matter being classified as a state secret.

Intervention by the United States

Application: The Court allowed the United States to intervene in the case, finding that it met the criteria for intervention under Federal Rule of Civil Procedure 24(a).

Reasoning: The United States has successfully met all criteria for intervention in the case.

State Secrets Privilege and National Security

Application: The court applied the state secrets privilege to dismiss the case, asserting that the disclosure of information related to CIA operations could jeopardize national security.

Reasoning: The U.S. invoked the 'state secrets' privilege, arguing that the case's proceedings could jeopardize national security.