Appeals Court Orders Fresh Review of DJI's Pentagon Designation Using Classified Evidence No Judge Has Previously Seen

The pentagon designated a drone company as a security threat four years ago. The designation was supported by classified evidence. No judicial officer had examined this evidence before. Now one will. The company remains on the list during the examination. The examination is not an appeal. It is a process that occurs while the penalty is active.

Designations create consequences without exposure. The classified evidence justifies the consequences. The secrecy around the evidence prevents challenge to the designation. Adding judicial review while maintaining the designation and the secrecy achieves the appearance of process. The review can occur indefinitely. The listing is not suspended pending its outcome.

The company continues to operate under constraint while someone in a secure room reads documents they cannot reveal. Four years of operation under designation continues. The review may conclude in two years or ten. The fresh examination is not fresh air. It is air that remains classified.