Federal appeals court ruled against Islamic charity in NSA wiretapping lawsuit

On November 16, 2007, The US Court of Appeals for the Ninth Circuit ruled the Al-Haramain Islamic Foundation could not use a secret call log from the US Treasury Department as evidence that the Muslim charity was the subject of an illegal wiretap because the document qualified as a "state secret." The foundation originally sued the National Security Agency in February 2006 for allegedly recording conversations between the foundation and its lawyers without a court order as required by the Foreign Intelligence Surveillance Act (FISA). After the case was remanded to the US District Court for the Northern District of California, the charity sought and Chief Judge Vaughn Walker granted, partial summary judgment in what JURIST Guest Columnist Victor Comras called the "proper balance between due process and national security."

Learn more about the controversy surrounding domestic wiretapping from the JURIST news archive and read about the expansion of federal surveillance powers in Features.

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