BREAKING: High Court Says State Secrets Privilege Trumps Surveillance Law

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By Daniel Wilson (March 4, 2022, 10:55 AM EST) — The U.S. Supreme Court ruled Friday that the Ninth Circuit was wrong to find that surveillance law trumps state secrets privilege in circumstances where information is obtained by electronic means, and remanded a dispute filed by Muslims who allege the FBI illegally spied on them.

Section 1806(f) of the Foreign Intelligence Surveillance Act, which sets out procedures for dealing with sensitive investigative evidence obtained from related electronic surveillance, does not displace the state secrets privilege, Justice Samuel Alito wrote for a unanimous court, overturning a Ninth Circuit decision.

“We conclude that Congress did not eliminate, curtail, or modify the state secrets privilege…

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