Wednesday, August 15 at 2 p.m.
Ninth Circuit Court of Appeals Courthouse
95 Seventh Street in San Francisco
NLG Attorney Steve Goldberg and others will argue their case challenging the constitutionality of the federal government's warrantless domestic electronic surveillance program. Goldberg represents plaintiffs in Al-Haramain Islamic Foundation v. George W. Bush. The plaintiffs allege that their domestic communications were intercepted by the National Security Agency without a warrant, and that this violated their constitutional rights. The case is widely regarded as the most important legal challenge to the NSA program in the nation because, unlike most similar cases, the plaintiffs here appear to be able to establish standing.
The Oregon case, and challenges by the Electronic Freedom Foundation (EFF) and the Center for Constitutional Rights (see August 9 hearing details), have been consolidated before Judge Vaughn Walker in the U.S. District Court in San Francisco. At earlier stages, the government filed motions to dismiss this case and the EFF case based on the "state secrets doctrine." Both motions were denied. The government filed an interlocutory appeal, and that appeal will be heard on August 15.