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Chief Judge Vaughn Walker of the Northern District of California, issues an opinion in Al-Haramain v. Bush, finding FISA preempts the state secrets privilege. The Court rejects the expansive view of executive power promoted by the government, holding that the President's authorities under Article II of the Constitution do not give him the power to overrule FISA. Most importantly, the court rules that so long as the telecom plaintiffs have unclassified evidence tending to establish that they were surveilled, FISA's procedures take effect and the Bush Administration cannot unilaterally dismiss the telecom cases through invocation of the state secrets privilege.
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Wednesday, July 2, 2008 - 22
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