Monday, June 10, 2013

Ninth Circuit Dismisses Challenge to TSP, Request to Destroy Records

The Ninth Circuit today dismissed a case first challenging the Bush Administration's warrantless wiretap program (the Terrorist Surveillance Program, or TSP) and later requesting destruction of records retained from that program.  The case, In re National Security Agency Telecommunications Records Litigation, was brought by the Center for Constitutional Rights.  CCR's information page, including links to earlier filings and rulings, is here.

The Ninth Circuit dismissed the case in a very brief, unpublished decision that relied on the Supreme Court's ruling in Clapper v. Amnesty International.  Recall that the Court in that case dismissed a challenge to the government's surveillance program under the FISA Amendments Act of 2008.  The Court ruled that the plaintiffs lacked standing, because they could not demonstrate that they were injured by the Act.

So too, here, the Ninth Circuit said.  The court ruled that CCR had the same "highly attenuated chain" of alleged injury with one difference: the Amnesty International plaintiffs challenged a program with judicial oversight (by way of the FISC), whereas the CCR case challenged a program with no judicial oversight.  Still, the Ninth Circuit said that "CCR's asserted injury relies on a different uncertainty not present in Amnesty Int'l, namely, that the government retained 'records' from any past surveillance it conducted under the now-defunct TSP."

The ruling puts an end to CCR's efforts to destroy any records that the government retained under the TSP.  Indeed, it puts an end to efforts to determine whether the government even retained any such records at all.

SDS 

http://lawprofessors.typepad.com/conlaw/2013/06/ninth-circuit-dismisses-challenge-to-tsp-request-to-destroy-records.html

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