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The Central Intelligence Agency (CIA) - Selected Lawsuits


1) Franz Boening vs. Central Intelligence Agency

2) Doe vs. Porter Goss, Central Intelligence Agency et al

3) Binyam Mohamed et al vs. Jeppesen Dataplan, Inc.

4) U.S. vs. Kyle Foggo & Brent Wilkes

5) U.S. vs. David Passaro

6) Valerie Plame Wilson et al vs. Lewis Libby, Karl C. Rove et al


Franz Boening vs. Central Intelligence Agency

U.S. District Court for the District of Columbia

No. 1:07-cv-00430-EGS


Action filed: March 5th, 2007


“[…] Plaintiff, and federal whistleblower, Franz Boening brings this action against defendant Central Intelligence Agency (‘CIA’) for injunctive and declaratory relief pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, the Administrative Procedure Act, 5 U.S.C. § 701 et seq., the All Writs Act, 28 U.S.C. § 1651, the CIA’s internal regulations and the First Amendment to the Constitution of the United States. […]


“3. Plaintiff Franz Boening (‘Boening’) was formerly employed by the Central Intelligence Agency from 1980 - 2005. After learning Arabic in the early 1980s, he spent nearly one dozen years in agent operations, primarily in the Middle East. He worked declassification issues from 1995 - 1999, and ultimately retired from the Agency after working at the Foreign Broadcast Information Service where he handled Internet exploitation and training. He has held a Top Secret/Sensitive Compartmented security clearance for nearly 25 years. He is required by virtue of a secrecy agreement to submit most personal writings for prepublication review. As a result of the matters addressed herein Boening became a whistleblower and suffered employment retaliation to include not being sent to Foreign Country ‘A’ despite his having volunteered and possessing needed language skills. […]”


The Case File


Doe vs. Porter Goss, Central Intelligence Agency et al

U.S. District Court for the District of Columbia

No. 1:04-cv-02122 (GK)


Action filed: December 6th, 2004


“[…] Plaintiff is a citizen of the United States of America and a current employee of the Central Intelligence Agency. Defendant Goss is the Director of Central Intelligence (‘DCI’). Defendant CIA is an agency of the United States. Beginning in 2001 and continuing to the present, Defendant Goss has injured and continues to injure Plaintiff through acts and omissions violating Plaintiff’s rights under the Administrative Procedures Act, 5 U.S.C. §§ 706(1) & (2)(A) - (D). […] Plaintiff is being subjected to retaliation by Defendants for his refusal to falsify intelligence collected by him [censored] […]


“In 1995 Plaintiff was assigned to the CIA/DO Counter Proliferation Division (‘CIA/DO/CPD’) where his mission was to collect intelligence on and interdict  the proliferation of WMD, [censored] […] At all times pertinent hereto CIA/DO/CPD served as the primary collection point at CIA/DO for Near Easter WMD programs, [censored] […] Plaintiff was first subjected to a demand that he alter his intelligence reporting in 2000, [censored] […]


“Later, a co-worker of Plaintiff warned him that CIA management planned to ‘get him’ for his role in reporting intelligence contrary to official CIA dogma [censored] […]


“On August 6, 2004 Plaintiff met with two representatives from CIA who presented him with a letter of termination for unspecified reasons, effective September 10, 2004. The letter described Plaintiff as a contractor whose services are no longer required. […]”


The Case File


Binyam Mohamed et al vs. Jeppesen Dataplan, Inc.

United States District Court for the Northern District of California (San Jose)

No: 5:07-cv-02798-JW


Action filed: May 30th, 2007


“[…] 1. This case arises from Defendant Jeppesen Dataplan, Inc.’s (‘Jeppesen’) participation in the forced disappearance, torture, and inhumane treatment of Plaintiffs Binyam Mohamed, Abou Elkassim Britel, Ahmed Agiza, Mohamed Farag Ahmad Bashmilah, and Bisher al-Rawi by agents of the United States and other governments.


“2. Since at least 2001, Jeppesen has provided direct and substantial services to the United States for its so-called ‘extraordinary rendition’ program, enabling the clandestine and forcible transportation of terrorism suspects to secret overseas detention facilities where they are placed beyond the reach of the law and subjected to torture and other forms of cruel, inhuman, or degrading treatment. Publicly available records demonstrate that Jeppesen facilitated more than seventy secret rendition flights over a four-year period to countries where it knew or reasonably should have known that detainees are routinely tortured or otherwise abused in contravention of universally accepted legal standards. […]”


The Case File


U.S. vs. Kyle Dustin Foggo & Brent Roger Wilkes

United States Dictrict Court for the Southern District of California

No. 07 CR 0329 LAB


Action filed: February 13th, 2007


“[…] From on or about July 6, 2001 to about November 3, 2004, defendant Kyle Dustin Foggo, was the senior officer in charge of support operations at an ‘Overseas Location’ of the Central Intelligence Agency (‘CIA’), and as such directed the Overseas Location’s daily operations supplying equipment to personnel overseas. From on or about November 4, 2004 to about May 12, 2006, defendant Foggo was the Executive Director of the CIA (then the third-highest position in the CIA), and as such directed the CIA’s daily operations. […]


“9. Beginning on a date unknown to the Grand Jury, and continuing through in or about April 2005, within the Southern District of California and elsewhere, defendants Kyle Dustin Foggo aka ‘Dusty’ Foggo, and Brent Roger Wilkes, did knowingly and intentionally conspire with each other, and with others known and unknown to the Grand Jury, to commit the following offenses against the United States: a) Honest Wire Fraud, […] b) Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity, […]”


The Case File


U.S. vs. David Passaro

U.S. District Court for the Eastern District of North Carolina, Western Division

No. 5:04-CR-211-(BO)-1


Action filed: June 17th, 2004


“[…] In June of 2003, Defendant David A. Passaro was an independent contractor working in Afghanistan on behalf of the United States Central Intelligence Agency (‘CIA’). Defendant Passaro was engaged in paramilitary training activities in support of the United States military personnel at the Asadabad Base in the Kunar Province.


“[…] On June 19, 2003, Defendant Passaro took control of the questioning process. Passaro instructed the guards that he alone would be the source of food for Wali and to maintain Wali in a series of ‘stress positions’ designed to weaken his resistance. Passaro further told the guards that while they could not strike Wali, he had different rules which permitted him to administer any force so long as it was not life-threatening.


“[…] On June 21, 2003, Wali, exhibiting the effects of his maltreatment, began acting disoriented and belligerent towards the guards. He entreated the guards to shoot him, and made an attempt to grab one guard’s sidearm. The Defendant was summoned and administered first aid, which included kicking Wali’s prostrate body. Wali was pronounced dead approximately twenty minutes later. […]”


The Case File



Valerie Plame Wilson & Joseph C. Wilson IV vs. Lewis Libby Jr., Karl C. Rove et al

U.S. District Court for the District of Columbia

Case No. 1:06-cv-01258-JDB


Action filed: July 13th, 2006


“[…] This Complaint arises out of a conspiracy among current and former high-level officials in the White House and actions taken by and on behalf of those officials in 2003 to violate the constitutional and other legal rights of Valerie Plame Wilson and her husband, Joseph C. Wilson IV.


“Those officials sought to punish Mr. Wilson for his public staements regarding assertions by the President of the United States in the 2003 State of the Union address that he used to justify war against Iraq. As their chief method of punishment, the White House officials destroyed Mrs. Wilson’s cover by revealing her classified employment with the CIA to reporters prior to and after July 14, 2003, the date on which a newspaper column by Robert Novak made public that employment. […]”


The Case File



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