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

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case in which the court ruled unanimously that spies (those recruited for espionage by the

Central Intelligence Agency The Central Intelligence Agency (CIA ), known informally as the Agency and historically as the Company, is a civilian foreign intelligence service of the federal government of the United States, officially tasked with gathering, processing, ...

) cannot sue the CIA or the

United States government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...

to enforce an

espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...

contract. The court ruled that allowing such suits jeopardize the protection of state secrets. This case pitted Doe, a high-ranking Soviet diplomat, who was recruited by the CIA for espionage against

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...

during the

Cold War The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because the ...

, against the CIA. When Doe was recruited, the CIA promised to resettle him, and his wife, in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

and ensure financial security for life. The couple settled in

Washington state Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...

, 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. Doe brought the suit before the U.S. District Court for the Western District of Washington. The District Court denied the Government's motions to dismiss and the case eventually made its way to the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

. The Supreme Court considered this case in light of the 1876 case, ''

Totten v. United States ''Totten v. United States'', 92 U.S. 105 (1876), is a United States Supreme Court case in which the court ruled on judicial jurisdiction in espionage cases. The case was an important precursor to the court's 1953 decision in '' United States v. Rey ...

'', that prevented a spy from suing the United States to enforce the secret espionage contract. In considering ''Tenet v. Doe'', the Supreme Court upheld the ''Totten v. United States'' decision. Therefore, the law continues to deny Doe and other spies the right to sue the United States and the CIA for alleged violations of espionage agreements. The court considered it to be of utmost importance to maintain secrecy of these agreements.

References

External links

* {{caselaw source , case = ''Tenet v. Doe'', {{ussc, 544, 001, 2005, el=no , courtlistener =https://www.courtlistener.com/opinion/142874/tenet-v-doe/ , findlaw = https://caselaw.findlaw.com/us-supreme-court/544/1.html , justia =https://supreme.justia.com/cases/federal/us/544/1/ , oyez =https://www.oyez.org/cases/2004/03-1395 , other_source1 = Supreme Court (slip opinion) , other_url1 =https://www.supremecourt.gov/opinions/04pdf/03-1395.pdf
5th circuit opinion
United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court 2005 in United States case law