Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
We have had recent occasion to consider a claim that the use of classified information disclosed only to the court ex parte and in camera in the designation of a foreign terrorist organization under the AEDPA was violative of due process. In rejecting that claim, we recalled that [t]he due process clause requires only that process which is due under the circumstances of the case. People’s Mojahedin Organization of Iran v. Dep’t of State, 327 F.3d 1238, 1242 (D.C.Cir.2003) (citing Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484 (1972)). We further held that the standard set forth in NCOR applies not only to the notice provisions governing classification but to the full process of classification and that therefore due process required the disclosure of only the unclassified portions of the administrative record. Id. at 1242 (emphasis in original). Again, we emphasized the primacy of the Executive in controlling and exercising responsibility over access to classified information, and the Executive’s compelling interest in withholding national security information from unauthorized persons in the course of executive business. Id. at 1242 (citations omitted).
Holy Land Foundation for Relief and Development v. Ashcroft 333 F.3d 156, *164, 357 U.S.App.D.C. 35, **43 (C.A.D.C.,2003)