Binyam Mohamed v. Jeppesen Dataplan, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge FISHER; Concurrence by Judge BEA; Dissent by Judge MICHAEL DALY HAWKINS.
OPINION
FISHER, Circuit Judge.
This case requires us to address the difficult balance the state secrets doctrine strikes between fundamental principles of our liberty, including justice, transparency, accountability and national security. Although as judges we strive to honor all of these principles, there are times when exceptional circumstances create an irreconcilable conflict between them. On those rare occasions, we are bound to follow the Supreme Court’s admonition that “even the most compelling…
2Cases cited41 opinions
- Lee v. City Of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
- Branzburg v. HayesSupreme Court of the United States · 1972
- Military Audit Project, Felice D. Cohen, Morton H. Halperin v. William Casey, Director of Central IntelligenceCourt of Appeals for the D.C. Circuit · 1981
- Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
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3Cited by45 opinions
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- James Brown v. Electronic Arts, Inc.Court of Appeals for the Ninth Circuit · 2013
- Abilt v. Central Intelligence AgencyCourt of Appeals for the Fourth Circuit · 2017
- Bilal Abdul Kareem v. Gina HaspelCourt of Appeals for the D.C. Circuit · 2021
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