The suit, filed in 1994 by a Drug Enforcement Administration agent, has dragged on amid disputes about the state secrets privilege. The plaintiff, Richard Horn, alleged then-CIA officer Arthur Brown and Franklin Huddle Jr. of the State Department unlawfully eavesdropped on telephone communication while Horn was stationed in Burma in the 1990s. The suit remained under seal until last year.

In dismissing the case with prejudice, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia on Tuesday ordered the Justice Department to notify him whether it will refer allegations of government misconduct to the Office of the Inspector General and to appropriate oversight committees in Congress.