Al Haramain v. Obama

This case alleges alleges that the Bush Administration illegally targeted the leaders of an Islamic charity and their lawyers for warrantless surveillance by the NSA. Their claims are based on a secret document that was accidentally disclosed to the plaintiffs by the government that the plaintiffs allege demonstrates they were subjected to warrantless wiretapping (the contents of the document are tightly sealed as a state secret).

In 2008, the Federal District Court held that "FISA preempts the state secrets privilege in connection with electronic surveillance for intelligence purposes and would appear to displace the state secrets privilege for purposes of plaintiffs’ claims." The Court rejected the expansive view of executive power promoted by the government, holding that the President's authorities under Article II of the Constitution do not give him the power to overrule FISA.

The case was subsequently dismissed by the 9th Circuit on the grounds of sovereign immunity.

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.@zeynep Agreed. While key mgnt choices are complex & security critical, it may be unfair to call them backdoors. https://www.eff.org/deeplinks...

Jan 23 @ 6:52pm

EFF is on @CREDOMobile's January ballot! Your votes help us get more of the $150K+ donation pool. https://www.credodonations.co...

Jan 23 @ 5:22pm

Trump's nominee for Attorney General, Sen. Jeff Sessions, wants the government to be able to "overcome" encryption: https://www.eff.org/deeplinks...

Jan 23 @ 4:47pm
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