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.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Next Wed 6/29 we'll discuss how to fight surveillance, defend privacy, build the digital rights movement. Join us! https://eff.org/2016-06-EFA

Jun 26 @ 9:02am

Check out the Young Journalist Contest at HOPE: http://www.2600.com/content/e...

Jun 24 @ 1:25pm

Former inmate who served 11 months in solitary for an online rap video tells his story to @MarshallProj https://www.themarshallprojec...

Jun 24 @ 11:08am
JavaScript license information