In 2004 during proceedings to freeze al-Haramain Foundation, an Oregon Nonprofit Corporation, the government inadvertently gave the organization classified documents that suggest the foundation was subject to electronic surveillance. Al-Harmain and their two attorneys filed a lawsuit claiming violation of the Foreign Intelligence Surveillance Act via unlawful surveillance, based on the classified documents that the government gave Al-Harmain. The district court found that the Foreign Intelligence Surveillance Act preempted the state secrets privilege and waived sovereign immunity for damages under 50 U.S.C.S. § 1810.
Opinionedit
On March 31, 2010, Chief Judge Vaughn R. Walker granted partial summary judgment in favor of the plaintiffs,[4] because 50 U.S.C.S. § 1810 has no explicit waiver of sovereign immunity, and on 21 December awarded $2.5 million in attorneys' fees and about $41,000 to two of the three plaintiffs.[5][6] The court affirm the dismissal of claims against Mueller.
haramain, obama, 1089, 2012, case, before, district, court, northern, district, california, filed, february, 2006, haramain, foundation, attorneys, concerning, warrantless, surveillance, controversy, case, withstood, retroactive, changes, brought, congressiona. Al Haramain v Obama 690 F 3d 1089 9th Cir 2012 1 was a case before the U S District Court for the Northern District of California filed 28 February 2006 by the al Haramain Foundation and its two attorneys concerning the NSA warrantless surveillance controversy 2 The case withstood retroactive changes brought by the Congressional response to the NSA warrantless surveillance program 3 Al Haramain v ObamaCourtUnited States Court of Appeals for the Ninth CircuitFull case nameAl Haramain Islamic Foundation Wendell Belew Asim Ghafoor v Barack Obama National Security Agency Keith B Alexander Office of Foreign Assets Control Adam J Szubin Federal Bureau of Investigation Robert S Mueller IIIArguedJune 1 2012DecidedAugust 7 2012Citation s 690 F 3d 1089Case historyPrior historyAl Haramain v Bush 507 F 3d 1190 9th Cir 2007 Court membershipJudge s sittingHarry Pregerson Michael Daly Hawkins M Margaret McKeownCase opinionsMajorityMcKeown joined by a unanimous courtLaws applied50 U S C S 1810 Contents 1 Background 2 Opinion 3 References 4 External linksBackground editIn 2004 during proceedings to freeze al Haramain Foundation an Oregon Nonprofit Corporation the government inadvertently gave the organization classified documents that suggest the foundation was subject to electronic surveillance Al Harmain and their two attorneys filed a lawsuit claiming violation of the Foreign Intelligence Surveillance Act via unlawful surveillance based on the classified documents that the government gave Al Harmain The district court found that the Foreign Intelligence Surveillance Act preempted the state secrets privilege and waived sovereign immunity for damages under 50 U S C S 1810 Opinion editOn March 31 2010 Chief Judge Vaughn R Walker granted partial summary judgment in favor of the plaintiffs 4 because 50 U S C S 1810 has no explicit waiver of sovereign immunity and on 21 December awarded 2 5 million in attorneys fees and about 41 000 to two of the three plaintiffs 5 6 The court affirm the dismissal of claims against Mueller The district court was reversed and the case was subsequently dismissed by Ninth Circuit Court of Appeals on August 7 2012 1 References edit a b Al Haramain v Obama 690 F 3d 1089 9th Cir 2012 Pantesco Joshua February 28 2006 Islamic charity sues to shut down NSA warrantless wiretapping program JURIST University of Pittsburgh School of Law Archived from the original on January 11 2011 Kaste Martin June 4 2009 Judge Tosses Warrantless Wiretap Cases National Public Radio Glenn Matt April 1 2010 Federal judge rules for Islamic charity in NSA wiretapping case JURIST University of Pittsburgh School of Law Archived from the original on January 11 2011 Walker Awards 41K Damages 2 5 Million Fee in Wiretap Case The Recorder In Re National Security Agency Telecommunications Records Al Haramain et al v Obama et al U S District Court for the Northern District of CaliforniaExternal links editText of Al Haramain v Obama 690 F 3d 1089 9th Cir 2012 is available from CourtListener Findlaw Leagle Google Scholar nbsp This article relating to case law in the United States or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Al Haramain v Obama amp oldid 1175138230, wikipedia, wiki, book, books, library,
