Justices Hear Arguments On Whether FISA Displaces The State Secrets Privilege

Mealey's (November 8, 2021, 3:07 PM EST) -- WASHINGTON, D.C. — In a case that centers on the FBI’s surveillance of Muslim residents, attorneys for the residents, the U.S. government and a group of FBI agents on Nov. 8 argued before the U.S. Supreme Court about whether the surveillance targets’ constitutional and privacy claims against the government were properly dismissed as precluded by the state secrets privilege or whether the Foreign Intelligence Surveillance Act (FISA) compels a court to consider purportedly privileged information ex parte and in camera, displacing the privilege....