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The Court appreciates that the government is also faced with a conundrum, given its policy of not acknowledging the authenticity or classification of documents on Wikileaks. That said, this case must move forward. The plaintiffs should be able to provide the Court with information necessary for full and fair review of the issues presented in their case. At the same time, the Court will not participate in the release of potentially classified information by providing an open forum for parties to publish publicly documents they believe to be classified.
In light of the government's response to the plaintiffs' motion, the Court must fashion its own procedures for submission of potentially classified information pertinent to the plaintiffs' opposition to the government's motion for summary judgment. Consequently, the Court adopts a sixth solution, as set forth below, which treats as presumptively classified the documents available from Wikileaks.
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ORDERED that plaintiffs' counsel submit any material which he believes in good faith contains or references potentially = classified information to the Court-designated Security Officer, who shall then transmit this material to the Court for in camera review; [Footnote] 3 and it is further ORDERED that plaintiffs' counsel shall seek guidance from the Court Security Officer with regard to appropriate storage, handling, transmittal, and use of potentially classified documents or information; and it is further ORDERED that the plaintiffs' publicly-filed briefs and associated exhibits be redacted to omit references to potentially classified information; |
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Name(s:) |
Beryl Howell |
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Title: |
United States District Judge |
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Agency(ies): |
United States District Court of Columbia |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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