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Federal judge revives Islamic charity warrantless wiretapping lawsuit

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] A judge in the US District Court for the Northern District of California on Monday ruled that a lawsuit brought by an Islamic charity that alleged it was the subject of an illegal wiretap by the National Security Agency (NSA) may proceed. Judge Vaughn Walker had previously dismissed the suit, finding that the al-Haramain Islamic Foundation lacked a cause of action because the state secrets privilege trumped procedural requirements under the Foreign Intelligence Surveillance Act (FISA). In Monday's ruling, Walker revived the lawsuit, finding that plaintiffs had enough information so that they could reasonably believe they had been subjected to illegal wiretapping and that certain classified documents should now be reviewed. According to Walker's order:the court will review the Sealed Document ex parte and in camera. The court will then issue an order regarding whether plaintiffs may proceed - that is, whether the Sealed Document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA.The original lawsuit, filed by the foundation in February 2006, alleged that the NSA illegally taped several conversations between the charity and its lawyers. In September 2006, lawyers for the US Department of Justice (DOJ) asked the US Court of Appeals for the Ninth Circuit to reverse a district court ruling rejecting arguments that the proceeding would reveal state secrets, allowing the charity's lawsuit to proceed. In November 2007, the Ninth Circuit reversed the lower court ruling and remanded the case back to the trial court.

Full post as published by JURIST - The Paper Chase on January 06, 2009 (boomark / email).