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.