The Supreme Court on Friday sided with the FBI in its effort to block the disclosure of surveillance in Muslim communities in Southern California.
Justices ruled unanimously, saying the U.S. Court of Appeals for the 9th Circuit erred when it said the state secrets privilege used to block information that the U.S. government sees as a danger to national security is displaced by the Foreign Intelligence Surveillance Act’s procedures for court review of the government’s assertion.
"The absence of any reference to the state secrets privilege in FISA is strong evidence that the availability of the privilege was not altered when Congress passed the Act," Justice Samuel Alito wrote in the ruling.Sheikh Yassir Fazaga brought forth the case in 2011, years after he and others first became the target of an FBI investigation dating back to June 2006.
After the plaintiffs filed their case, the district court maintained in 2012 that it could not consider the claims that the FBI unlawfully targeted Islamic community figures for spying because the agency argued that further proceedings could reveal state secrets. The court of appeals subsequently disagreed and told the district court to examine the plaintiff's claims under the FISA procedures required by Congress.
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