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November 18, 2009

Justice Dept. wants spook case ruling terminated with extreme prejudice

Attorney Brian Leighton won a $3 million settlement for his client, former Drug Enforcement Administration agent Richard Horn. The case, some 15 years after Horn claims the CIA illegally eavesdropped on him in Burma, is now done.

Almost.

Now, Leighton and the Justice Department are continuing their long-running fight. This time, they are wrangling over whether Judge Royce Lamberth should dump vacate earlier court orders citing CIA employees for committing a "fraud on the court." Judge Lamberth was very unhappy with what he believed was a series of misleading filings made by top CIA employees.

With the case dismissed, Justice wants the earlier court orders dropped into the memory hole. Not so fast, Leighton says in his latest filing.

Argues Leighton:

"The Court’s January 15, and February 6, 2009 orders were clearly justified by the Court, based upon substantial evidence. They are important to future litigants, law scholars, students, Congress, the Executive Branch, and the public in general and are important as they pronounce an example of the government when it does not cut square corners – as it insists the public and Horn do – and remain responsible for its fraud on the Court."

With Judge Lamberth involved, this one remains worth watching.

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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