http://www.nytimes.com/2005/11/29/politics/29scotus.html

November 29, 2005

Justices Reject F.B.I. Translator's Appeal on Termination

By LINDA GREENHOUSE

WASHINGTON, Nov. 28 - The Supreme Court refused on Monday to hear an appeal by a former F.B.I. translator of Middle Eastern languages who asserted that she was terminated for trying to expose ineptitude and espionage within the bureau's translation section.

Two lower federal courts dismissed the plaintiff's lawsuit for retaliatory termination, accepting the federal government's argument that the case could not proceed without revealing state secrets. Under the so-called state secrets privilege, recognized by the Supreme Court 50 years ago, a lawsuit must be dismissed when there is no alternative to protect national security.

In her appeal, the translator, Sibel Edmonds, who was represented by the American Civil Liberties Union, argued that the lower courts misapplied the privilege in dismissing her lawsuit before discovery and without making a sufficient effort to consider evidence that was not privileged.

Ms. Edmonds also challenged the exclusion of the public and the press from the courtroom in which the United States Court of Appeals for the District of Columbia Circuit heard her appeal in April.

The appeals court ordered the courtroom closed even though the government informed the judges the previous week that it was "prepared to argue this case publicly, in an open courtroom." A transcript of the argument was released later.

Ms. Edmonds, who was hired by the Federal Bureau of Investigation shortly after Sept. 11, 2001, translated material in Turkish, Persian and Azerbaijani. After a few months on the job, she complained repeatedly that important terrorism-related intelligence was being inadequately translated and raised accusations of espionage against a fellow linguist.

Earlier this year, a report by the Justice Department's inspector general found that evidence supported many of Ms. Edmonds's accusations, that the bureau failed to take them seriously enough and that her accusations were "the most significant factor in the F.B.I.'s decision to terminate her services" in 2002. The report reached no conclusion on whether espionage had taken place.

Ms. Edmonds's Supreme Court appeal, Edmonds v. Department of Justice, No. 05-190, was supported by "friend of the court" briefs from several news media organizations, including The New York Times.