Courtesy, Paul Mirengoff:
The Sixth Circuit has reversed the decision in which District Judge Anna Diggs Taylor found the NSA intercept program unlawful. I haven’t had time to read the opinions (three judges, three opinions for a total of 65 pages). However, it appears that, by a 2-1 majority, the court concluded that plaintiffs lack standing to challenge the program in federal court.
T.
I skimmed it, but the other thread already covered the basics. Essentially, because the plaintiffs can’t prove that they were or would personally be injured by the TSP, they don’t have standing to sue. I imagine the first order of business would be for someone to sue for access to the records of surveillance to see who exactly has been listened in on, and then those people might have standing.
I imagine the first order of business would be for someone to sue for access to the records of surveillance to see who exactly has been listened in on, and then those people might have standing.
I imagine that said suit has been filed, and will be no more successful than was this one. Maybe not for legal reasons, but I’ll bet cash dollars that release of said records will not be forthcoming any time soon.
That is where the state secret argument will come in…
I wish the DOJ would have some balls and actually argue the claim in court that the inherent C-in-C power of the Pres trumps FISA (and any other statute that is inconvenient)…