Supreme Court Sides with FBI in State Secrets Privilege Case
Constitutional Law Reporter
MARCH 29, 2022
In Federal Bureau of Investigation v. Fazaga , 595 U.S. _ (2022), the U.S. Supreme Court addressed the relationship between the “state secrets” privilege and the Foreign Intelligence Surveillance Act of 1978 (FISA). The court unanimously held that Section 1806(f) of FISA — providing a procedure under which a trial-level court or other authority may consider the legality of electronic surveillance conducted under FISA and order specified forms of relief — does not displace the state secrets privi
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