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N.D. Cal.: FISA is the exclusive means for spying on Americans; President has no plenary authority

By John Wesley Hall, Jr.

The N.D. Cal. held Wednesday (see NYTimes.com) that FISA is the exclusive means for wiretapping Americans, and the President has no plenary authority over spying on Americans in the name of national security. In Re: National Security Agency Telecommunications Records Litigation (Al-Haramain Islamic Foundation, Inc v. Bush), MDL Docket No 06-1791 (N.D. Cal. July 2, 2008): For the reasons stated herein, the court has determined that: (1) 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; and (2) FISA nonetheless does not appear to provide plaintiffs a viable remedy unless they can show that they are “aggrieved persons” within the meaning of FISA...continue to full post

Full post as published by Fourth Amendment on July 05, 2008 (boomark / email).