Federal judge has ordered the government to grant an attorney a security clearance so he can represent a disgruntled former narcotics officer in a lawsuit against a former CIA officer

WASHINGTON — In a highly unusual legal step, a federal judge has ordered the government to grant an attorney a security clearance so he can represent a disgruntled former narcotics officer in a lawsuit against a former CIA officer.

The judge's order significantly boosts attorney Brian Leighton's long legal battle on behalf of Richard Horn, a Drug Enforcement Administration veteran whose service ranged from California's San Joaquin Valley to the Burmese jungles. More broadly, the new judicial order challenges the president's customary monopoly in controlling access to secrets.

"The deference generally granted the executive branch in matters of classification and national security must yield when the executive attempts to exert control over the courtroom," U.S. District Judge Royce Lamberth wrote in an order issued late Wednesday.



Already impatient with the Justice Department's handling of a case first filed in 1994, Lamberth gave officials 10 days to grant Leighton and other attorneys the security clearances needed to see "classified and/or privileged information." In doing so, Lamberth underscored the key question involved.

"Does the executive branch have the exclusive right to determine whether counsel . . . have a need-to-know classified information within the context of litigation, or can that be a judicial determination?" Lamberth asked rhetorically.

Lamberth added that prior cases didn't "directly answer" the question, which he called one of "a number of vexing legal and practical difficulties" raised in the course of the lawsuit brought by Leighton and Horn.

"It is fabulous for many reasons, not the least of which is the judge doesn't believe anything the government is saying," Leighton said Thursday of the new ruling.

Justice Department spokeswoman Beverley Lumpkin said Thursday that officials were still reviewing the latest decision and would otherwise have no comment.

Now based in Clovis, Calif., Leighton is a former federal prosecutor who worked with Horn when the DEA agent was based in California. Horn went on to become the top U.S. narcotics officer in Burma in the early 1990s.

Horn contends CIA and State Department officials illegally eavesdropped on him and eventually forced him out of Burma because of policy disagreements. His subsequent lawsuit was sealed at the Justice Department's request for many years, until Lamberth ordered many documents to be made public in July.

In his July ruling, Lamberth denounced certain CIA and Justice Department officials for having "handcuffed the court" with delay tactics and inaccurate statements. His latest ruling similarly chastises Justice Department attorneys for "continued obstinance" and "diminished credibility."

"The government should save its theatrics for the court of appeals," Lamberth added tartly.

Leighton formerly held a security clearance, but it lapsed. The Justice Department contended he no longer had a "need to know" the classified information involved in the case.

"Immense constitutional implications would arise from the entry of an order requiring the government to grant counsel access to classified information in the absence of a government determination that counsel have the requisite 'need-to-know,'" Justice Department attorney Paul B. Freeborne argued in a July 30 brief.

Freeborne added that because the executive branch "is exclusively responsible for the protection and control of national security information," a judge cannot order that someone be granted access to such classified information.

The Justice Department has made clear in its legal filings that it might appeal any decision that runs counter to its arguments about the protection of classified information.

ON THE WEB

Read Judge Lamberth's ruling

MORE FROM MCCLATCHY

'Bulldog' lawyer gets break in 15-year court battle with CIA

Fresno-area lawyer not shy about taking on the CIA

Judge accuses CIA officials of fraud, unseals secret filesMcClatchy Newspaper

Views: 56

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

cheeki kea commented on Doc Vega's blog post Plausible Explanation Behind Recent Cryptid Sightings in the Wild!
"Anythings possible mad science would bring back all of jurassic park if they could. From a birds…"
4 hours ago
Doc Vega posted blog posts
18 hours ago
Bob of the Family Renner posted photos
Friday
Doc Vega posted a blog post

Two Combat Aircraft Captured and Studied in WWII Pacific Theater

 During the heated contest of the WWII Pacific Ocean War both the US Pacific fleet and the Axis…See More
Thursday
Doc Vega posted a blog post
Wednesday
Burbia posted a photo
Tuesday
Millie P. Carlos is now a member of 12160 Social Network
Tuesday
Sandy posted videos
Aug 11
Burbia commented on Ragnarok's video
Thumbnail

Charles Manson Talks About The Global Elite

"Another group of people that get disregarded are the the Process Church.  Deaths and strange…"
Aug 10
Sandy posted a video

Captain fantastic scene (Bill of rights)

Scene from the movie "Captain fantastic"Uploader does not claim ownership of any of the footage used in this video. All credit goes to the respective owners ...
Aug 9
tjdavis posted photos
Aug 8
tjdavis posted a video

The UK Has Just Reached It's Boiling Point - Ricky Gervais

Ricky Gervais - Frustration still there a year on.Nicholaswatt reports what he has been told by a parliamentary veteran, who warns: "'My constituents feel th...
Aug 8
Doc Vega posted a blog post

Terrorized on a 3 Day Weekend

 We had a holiday weekend coming up. My ex, whom I was sharing custody with was off for her…See More
Aug 8
Sandy posted videos
Aug 7
Sandy replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"Interesting. I always thought he was still alive. Probably given some plastic surgery and a witness…"
Aug 7
WIllow is now a member of 12160 Social Network
Aug 7
Burbia commented on Less Prone's video
Thumbnail

Sydney Sweeney Has Great Jeans - Outrage AI Parody Song

"Props to Schottenstein on his foray out of the woods that was DEI and wokeness. "
Aug 7
Burbia replied to Sandy's discussion Sick sci-fi sex fantasy written by Epstein's first benefactor people say inspired his twisted island... before author's SON ended up arresting him
"One of the theories floating around was Hilary Clinton's brother Hugh, was the one…"
Aug 7
Sandy posted a discussion
Aug 7
Doc Vega posted blog posts
Aug 6

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted