Court Rules in Al-Haramain Islamic Foundation Case

The New York Times reports that in Al-Haramain Islamic Foundation v. Bush, a federal judge for the Northern District of California ruled that the Foreign Intelligence Surveillance Act (FISA) preempts the state secrets privilege. Al-Haramain sued the government after receiving a document proving they were subject to warrantless surveillance. The judge "said that the wiretapping law established by Congress was the 'exclusive' means for the president to eavesdrop on Americans, and he rejected the government's claim that the president's constitutional authority as commander in chief trumped that law." But the judge refused to throw out the lawsuit, giving the charity's lawyers 30 days to restructure their claim. The Court found that Al-Haramain had not provided a sufficient showing that they were "aggrieved." The Wired.com's Threat Level Blog has a very detailed posting.
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