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US Supreme Court Rules Foreign Intelligence Surveillance Act Does Not Displace State Secrets Privilege – JURIST

The US Supreme Court ruled unanimously on Friday in favor of the FBI in Federal Bureau of Investigation v. Fazaga, arguing that the secret state secret used to block the release of information the government deems harmful to national security is not displaced by Foreign Intelligence Surveillance. (FISA). The lawsuit was filed in 2011 by three Muslim men who alleged the FBI conducted improper surveillance of a set of mosques in 2006 and 2007. The men say they were targeted by the federal government and the Southern California community because of their religion. The FBI insisted that revealing the information sought by the three men would Harm National Security interests. The district court dismissed the lawsuit on the basis of the state secrets privilege, which allows dismissal if the litigation requires the disclosure of information that could harm national security. The U.S. Court of Appeals for the Ninth Circuit reversed the district court’s decision in part in 2019. The court held that FISA, a federal law that regulates government surveillance, trumped the state secrets privilege asserted by the government. On Friday, the Supreme Court reversed and reversed the 9th Circuit’s decision in a 9-0 ruling. Judge Alito wrote the opinion and explained that the FISA provision “does not displace the state secrets privilege.” As he wrote: “FISA makes no reference to the state secrets privilege. He does not mention privilege by name or use any identifiable synonyms, and his only reference to the subject of privilege reflects a desire to avoid altering the law of privilege.” court for further litigation.



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US Supreme Court Rules Foreign Intelligence Surveillance Act Does Not Displace State Secrets Privilege – JURIST

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