Cognizable:
Cognizable means capable of being known or considered. It means capable of being judicially tried or examined before a designated tribunal. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal. The term means that the claim or controversy is within the power or jurisdiction of a particular court to adjudicate. That which is cognizable to a judge is within the scope of his or her jurisdiction. [USLegal.com]
As an initial matter, Plaintiff has not shown that he had standing to seek relief, or that this Court properly exercised its equitable jurisdiction, with regard to the classified records. The classified records are government property over which the Executive Branch has control and in which Plaintiff has no cognizable property interest. See Exec. Order 13526, § 1.1(2) (Dec. 29, 2009) (classified information must be “owned by, produced by or for, or [be] under the control of the United States Government”); Dep’t of Navy v. Egan, 484 U.S. 518, 527 (1988). Accordingly, even if (as the Court stated) Plaintiff has made “a colorable showing of a right to possess at least some of the seized property” sufficient to establish his standing to request that a special master review records that might potentially belong to him, D.E. 64 at 13, he categorically cannot make that showing with respect to documents marked as classified.
