

District court rejects "state secrets" defense in EFF's NSA lawsuit - sinak
http://ia600508.us.archive.org/10/items/gov.uscourts.cand.207206/gov.uscourts.cand.207206.148.0.pdf

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sinak
The US government asked the court to dismiss the case based on the state
secrets privilege. The court's response:

"Having thoroughly considered the parties’ papers, Defendants’ public and
classified declarations, the relevant legal authority and the parties’
arguments, the Court GRANTS the Jewel Plaintiffs’ motion for partial summary
adjudication by rejecting the state secrets defense as having been displaced
by the statutory procedure prescribed in 50 U.S.C. § 1806(f) of FISA. In both
related cases, the Court GRANTS Defendants’ motions to dismiss Plaintiffs’
statutory claims on the basis of sovereign immunity. The Court further finds
that the parties have not addressed the viability of the only potentially
remaining claims, the Jewel Plaintiffs’ constitutional claims under the Fourth
and First Amendments and the claim for violation of separation of powers and
the Shubert Plaintiffs’ fourth cause of action for violation of the Fourth
Amendment. Accordingly, the Court RESERVES ruling on Defendants’ motion for
summary judgment on the remaining, non-statutory claims. "

