Tenet v. Doe
Encyclopedia
Tenet v. Doe, 544 U. S. 1
(2005), was a United States Supreme Court
case in which the court ruled unanimously that spies (those recruited for espionage by the Central Intelligence Agency
) cannot sue the CIA or the United States government
to enforce an espionage
contract. The court ruled that allowing such suits jeopardize the protection of state secret
s.
This case pitted Doe, a high-ranking Russian diplomat, who was recruited by the CIA for espionage against Russia
during the Cold War
, against the CIA. When Doe was recruited, the CIA promised to resettle him, and his wife, in the United States
and ensure financial security for life. The couple settled in Washington state, where Doe obtained employment. His salary increased to the point that he agreed to discontinue the CIA benefits while he was working. Years later, in 1997, Doe was laid off. Unable to find new employment, due to restrictions by the CIA on the types of jobs he could hold, he then contacted the CIA to reinstate the financial assistance. That request was denied by the CIA, which provided no avenue for Doe to appeal the decision.
Doe brought the suit before the U.S. District Court for the Western District of Washington, and the case eventually made its way to the Supreme Court
. The Supreme Court considered this case in light of the 1876 case, Totten v. United States
, that prevented a spy from suing the United States to enforce the secret espionage contract. In considering Tenet v. Doe, the Supreme Court upheld the Totten v. United States decision. Therefore, the law continues to deny Doe and other spies the right to sue the United States and the CIA for alleged violations of espionage agreements. The court considered it to be of utmost importance to maintain secrecy of these agreements.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2005), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case in which the court ruled unanimously that spies (those recruited for espionage by the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
) cannot sue the CIA or the United States government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
to enforce an espionage
Espionage
Espionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
contract. The court ruled that allowing such suits jeopardize the protection of state secret
State Secret
State Secret is a 1950 British drama film directed by Sidney Gilliat and starring Douglas Fairbanks Jr., Jack Hawkins, Glynis Johns and Herbert Lom. It was released in the United States under the title The Great Manhunt.-Cast:...
s.
This case pitted Doe, a high-ranking Russian diplomat, who was recruited by the CIA for espionage against Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
during the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, against the CIA. When Doe was recruited, the CIA promised to resettle him, and his wife, in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and ensure financial security for life. The couple settled in Washington state, where Doe obtained employment. His salary increased to the point that he agreed to discontinue the CIA benefits while he was working. Years later, in 1997, Doe was laid off. Unable to find new employment, due to restrictions by the CIA on the types of jobs he could hold, he then contacted the CIA to reinstate the financial assistance. That request was denied by the CIA, which provided no avenue for Doe to appeal the decision.
Doe brought the suit before the U.S. District Court for the Western District of Washington, and the case eventually made its way to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The Supreme Court considered this case in light of the 1876 case, Totten v. United States
Totten v. United States
Totten v. United States, 92 U.S. 105 , was a United States Supreme Court case in which the court ruled on judicial jurisdiction in espionage cases...
, that prevented a spy from suing the United States to enforce the secret espionage contract. In considering Tenet v. Doe, the Supreme Court upheld the Totten v. United States decision. Therefore, the law continues to deny Doe and other spies the right to sue the United States and the CIA for alleged violations of espionage agreements. The court considered it to be of utmost importance to maintain secrecy of these agreements.
See also
- List of United States Supreme Court cases, volume 544
- List of United States Supreme Court cases
- State Secrets PrivilegeState Secrets PrivilegeThe state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...