this case stayed as requested by the parties’ joint motion in January 2009. See generally Joint Mot. to Stay. In March 2009, three months after the parties requested a stay, the CIA provided the plaintiff with a final response. Def.’s Mot., Ex. B. Neither the ten month period from when the plaintiffs submitted his amended request to the stay of judicial proceedings nor the three month period that the CIA took to produce a response are alone sufficient to indicate that the defendant acted in bad faith. See Iturralde, 315 F.3d at 315. Having concluded that neither bad faith nor contradictory evidence is present, the court need not question the veracity of the classified declaration, including the details concerning the adequacy of the search provided therein. See Hayden, 608 F.2d at 1386 (<HOLDING>). The CIA’s classified affidavit, moreover, has
holding that a bad faith claim is a tort holding court has independent duty to inquire into bad faith under 11 usc 1325a3 holding that a district court need not inquire into the veracity of a classified affidavit unless the information it provides is insufficient or contradicted by the record or there is evidence of bad faith on behalf of the agency holding that the veracity of an agencys affidavit need not be questioned if no bad faith or contradictory evidence is found holding that suppression by the prosecution of evidence favorable to an accused  violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution