High Court Told FISA Trumps Privilege In FBI Spying Case

Share on facebook
Share on twitter
Share on linkedin
Share on reddit
Share on email

By Daniel Wilson (November 8, 2021, 7:58 PM EST) — Counsel for Muslims who allege the FBI illegally spied on them urged the U.S. Supreme Court on Monday to reject the government’s efforts to use the state secrets privilege to end the case, saying the government’s position ignored surveillance law.

The Foreign Intelligence Surveillance Act permits the government to defend itself using secret surveillance information that plaintiffs cannot see, but also requires that courts at least review the evidence in private to determine whether the surveillance was legal, Ahilan Arulanantham of the UCLA School of Law said at oral argument.

The relevant clause, which relates to dealing with sensitive investigative evidence, applies not…

Read the article