Updated 4:43 p.m.
A little more than two years ago, a former intelligence officer sued the CIA and other agencies over the government's effort to shield from the public certain details in his memoir about the war in Afghanistan.
As the legal fight over the scope of the redactions in the book "Operation Dark Heart" inches along, the federal trial judge in Washington overseeing the dispute appears increasingly concerned about—and impatient with—positions the U.S. Justice Department is taking.
DOJ lawyer Scott Risner told the judge at a hearing yesterday that the author, Anthony Shaffer, a former Defense Intelligence Agency officer, has no right at this point in the litigation to present classified information, by way of an affidavit, to challenge whether the government is too broadly asserting that information in the book is classified.
U.S. District Judge Rosemary Collyer said she would not allow Shaffer "to be muzzled unfairly" through silence. "You have made your position," the judge said to Risner during one exchange. Over the objection of the government, the judge said she wants to receive an affidavit from Shaffer. No redactions.