Proceedings before the Ninth Circuit in Smith v. Obama

Smith v. Obama, No. 14-35555 (9th Cir.)

On June 3, 2015, the United States Court of Appeals for the Ninth Circuit ordered supplemental briefs from the parties as to whether Congress’ enactment of the USA Freedom Act the previous day had mooted Ms. Smith’s requests for declaratory and injunctive relief Continue reading Proceedings before the Ninth Circuit in Smith v. Obama

The appointment of amicus curiae in regard to the retention of bulk metadata

Order Appointing an Amicus Curiae, BR 15-99 (FISC Sept. 17, 2015)

On September 17, FISC Judge Michael W. Mosman appointed Preston Burton as amicus curiae, pursuant to 50 U.S.C. Sec. 1803(i)(2)(B), to assist in deciding on the government’s request to retain bulk metadata for litigation purposes after November 28, 2015, Continue reading The appointment of amicus curiae in regard to the retention of bulk metadata

The FISC’s dismissal of statutory and constitutional arguments against the interim reauthorization of bulk collection

In response to the government’s request of June 2, 2015,  FISC Judge Michael W. Mosman issued a Primary Order on June 29 reauthorizing the NSA’s bulk telephony metadata program until August 28, 2015. The order was accompanied by an Opinion rejecting statutory and constitutional challenges to continuing the program. Continue reading The FISC’s dismissal of statutory and constitutional arguments against the interim reauthorization of bulk collection

The (non-) effect of the Patriot Act’s sunset clause

Memorandum Opinion, BR 15-77, 15-78 (FISC June 17, 2015)

This Opinion holds that the Sunset Clause of the Patriot Act, Section 102(b)(1), does not prevent the FISC from reauthorizing the NSA’s bulk telephony metadata program. Continue reading The (non-) effect of the Patriot Act’s sunset clause

Appellate Proceedings in United States v. Moalin

United States v. Moalin, et al., No. 13-50572 (9th Cir.)

In the wake of the D.C. Circuit’s stay of the injunction in Klayman v. Obama, this  criminal case is very arguably the only vehicle for challenging the NSA’s bulk telephony metadata program. Continue reading Appellate Proceedings in United States v. Moalin

The D.C. Circuit’s Opinion in Klayman v. Obama

Obama v. Klayman, 800 F.3d 559 (D.C. Cir. 2015)

On August 28, 2015, the federal Court of Appeals for the District of Columbia vacated the preliminary injunction against the NSA’s bulk telephony metadata program that District Judge Richard Leon had granted on December 16, 2013, but stayed pending appeal. Klayman v. Obama, 957 F.Supp.2d 1. Continue reading The D.C. Circuit’s Opinion in Klayman v. Obama