FBI v. Fazaga

The District Court dismissed Respondent's claims but the Ninth Circuit reversed saying §1806(f) displaced the state secrets privilege. On appeal, the Supreme Court reversed the holding saying §1806(f) does not have that effect.

Several Muslim residents of California alleged the Federal Bureau of Investigation (FBI) illegally surveilled them, the Foreign Intelligence Surveillance Act of 1978 (FISA) provides a procedure under which a trial court may consider the legality of surveillance under FISA and order relief under §1806(f). FBI invoked the states secrets privilege asking the District Court to dismiss most od Respondents’ claims because they would “threaten national-security interests.” The District Court dismissed the claims but the Ninth Circuit reversed saying §1806(f) displaced the state secrets privilege. On appeal, the Supreme Court reversed the holding saying §1806(f) does not have that effect. Using the text of FISA, Congress did not intend for the states secret privilege to be displaced if that is what Congress intended, the language they used is not clear enough. In the majority of cases, application of §1806(f) the state secrets privilege will not be triggered. REVERSED and REMANDED.