Continuing Litigation in the FISA case

Raising separation of powers, nondelegation, and due process claims, the Electronic Frontier Foundation as lead counsel for the "AT&T class plaintiffs" filed its opposition to the motion to dismiss the consolidated complaints in the continuing FISA litigation in Northern District of California.  As the EFF press release expresses it, the FISA Amendments Act allow the dismissal of the lawsuits about "the telecoms' participation in the warrantless surveillance program if the government secretly certifies to the court that either the surveillance did not occur, was legal, or was authorized by the president. Attorney General Michael Mukasey filed that classified certification with the court last month."   

The EFF memorandum is available here.
Also of interest is the 66 page "Summary of Voluminous Evidence," available here.

The hearing is set for December 2 - - - just in time for a final examination hypothetical.

RR