Tenet v. Doe, 544 U.S. 1 (2005), is 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 secrets.

Background

This case pitted Doe and his wife against the CIA. Doe, a high-ranking Soviet diplomat, was recruited by the CIA for espionage against Soviet Union during the Cold War. When he 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 found 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. to maintain the secrecy of these agreements.

References

  • 9th Circuit opinion