[Infowarrior] - Judge Skeptical Of State Secrets Privilege For NSA/Charity Case

[Richard Forno]

Judge Skeptical Of State Secrets Privilege For NSA/Charity Case

The Obama administration suffered a bit of a legal setback this  
afternoon: a federal judge in California rejected the administration's  
assertion of the state secrets privilege in the civil suit brought by  
an Islamic charity that was allegedly subjected to illegal NSA  
surveillance.  The order, in Al-Haramain v. Bush, requires the  
government to come up with a way to safeguard the classified  
information it plans to present in the NSA's defense by May 8. Judge  
Vaughn Walker noted that the government has elsewhere made provisions  
for the discussion of Top Secret/SCI information. It so happens that  
the plaintiffs attorneys have been cleared to that level.  Walker  
crafted his order narrowly to prevent the government from appealing it  
immediately to the Ninth Circuit. On May 8, it will be interesting to  
see whether the administration presents a plan for safeguarding  
classified info -- or whether it re-asserts the state secrets privilege.
Order.April%2017.pdf

http://politics.theatlantic.com/2009/04/court_rejects_states_secrets_privilege_for_nsacharity_case.php