Ibrahim v. Department of Homeland et al

Filing 657

REQUEST FOR SUBMISSIONS RE SSI VERSUS SECRET STANDARDS. Signed by Judge Alsup on December 7, 2013. (whalc1, COURT STAFF) (Filed on 12/7/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RAHINAH IBRAHIM,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 06-00545 WHA

v.
REQUEST FOR SUBMISSIONS
RE SSI VERSUS SECRET
STANDARDS

DEPARTMENT OF HOMELAND
SECURITY, et al.,
Defendants.
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With respect to the government’s contention that it cannot defend itself without revealing

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information it has stamped classified, please address the legal issue of the difference in standards

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for SSI versus secret. Put differently, given that SSI already has a level of protection from

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disclosure, what more is required to qualify for state secrets treatment than is already required

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for SSI? If the government’s interest could be adequately protected via SSI treatment, which can

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be disclosed for litigation without public access, why should the government be allowed to

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classify evidence as state secrets and thereby deny the opponent an opportunity to meet the

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evidence? Did the court of appeals consider this distinction in Mohamed v. Jeppesen Dataplan,

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Inc., 614 F.3d 1070, 1080 (9th Cir. 2010) (en banc)?

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IT IS SO ORDERED.

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Dated: December 7, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE