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Federal Judge Rejects State Secrets Claims: EFF Case To Proceed
The EFF has been attempting to sue the government over illegal surveillance since the Bush administration, and, despite repeated attempts to have the case dismissed because of State Secrets, a federal judge has now ruled that the case must go forward in public court, throwing out the government's State Secrets argument. From the order: Having thoroughly considered the parties' papers, Defendants' public and classified
declarations, the relevant legal authority and the parties' arguments, the Court GRANTS the
Jewel Plaintiffs' motion for partial summary adjudication by rejecting the state secrets defense
as having been displaced by the statutory procedure prescribed in 50 U.S.C. 1806(f) of FISA. In both related cases, the Court GRANTS Defendants' motions to dismiss Plaintiffs' statutory
claims on the basis of sovereign immunity. The Court further finds that the parties have not
addressed the viability of the only potentially remaining claims, the Jewel Plaintiffs'
constitutional claims under the Fourth and First Amendments and the claim for violation of
separation of powers and the Shubert Plaintiffs' fourth cause of action for violation of the
Fourth Amendment. Accordingly, the Court RESERVES ruling on Defendants' motion for
summary judgment on the remaining, non-statutory claims."
Although some statutory claims were dismissed, the core Constitutional questions will be litigated.
We have Snowden to thank for this change in attitude. Public sentiment is everything. And yet, the second part of his interview which addresses pretty much every criticism laid on him (before it was made) never made /. news for nerds, (it got modded down to oblivion on the firehose AFAIK), despite Snowdens story being highly relevant news for nerds...
Sir Humphrey: The Official Secrets Act isn't to protect secrets - it's to protect officials.
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James Hacker: I occasionally have confidential press briefings, but I have never leaked.
Bernard Woolley: Oh, that's another of those irregular verbs, isn't it? I give confidential press briefings; you leak; he's been charged under Section 2a of the Official Secrets Act.
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