Dismissal of an action by the wife and children of a covert-status former CIA employee, following the district court's exclusion from evidence of classified information covered by the state-secrets privilege, is affirmed where: 1) plaintiffs' rights of access to the courts were not compromised by the government's refusal to provide plaintiffs' counsel with secure facilities that would allow counsel to prepare an opposition to the government's assertion of the state-secrets privilege as plaintiffs have no right to use material that is alleged by the government to contain state secrets in order to participate in the district court's review of the bona fides of the government's allegation; and 2) plaintiffs have established no infringement of their right to communicate with counsel.
Appeal from a judgment of the United States District Court for the Southern District of New York.
Argued: February 3, 2009
Decided: August 5, 2009
Before: SACK and PARKER, Circuit Judges, and COTE, District Judge.
Opinion by Sack, Circuit Judge.
For Plaintiff: MARK S. ZAID, Mark S. Zaid, P.C., Washington, DC.
For Defendant: SARAH S. NORMAND, Assistant United States Attorney, New York, NY.