Fbiv.Fazaga
Yassir Fazaga and other Muslim plaintiffs brought a putative class action alleging that the FBI and federal officials subjected them to unlawful surveillance under the Foreign Intelligence Surveillance Act. The Government invoked the state-secrets privilege and sought dismissal, while the Ninth Circuit held that FISA displaced that privilege for electronic-surveillance claims. The Supreme Court reversed that legal conclusion. It held that the FISA provision governing in-camera and ex parte review of surveillance materials does not eliminate, narrow, or modify the separately established state-secrets privilege. The Court reasoned that the statute’s text did not clearly displace the privilege and that the two regimes serve different functions: FISA addresses the lawfulness and use of surveillance evidence, while the privilege protects against disclosure that would threaten national security. The Court expressly left unresolved whether the Government’s evidence was privileged, whether the district court properly dismissed the claims, and how the FISA provision applies to the plaintiffs’ particular requests. The case was remanded for further proceedings.
Loading published copy…

