FBI v. Fazaga
View Official PDFBelow are plain-language sections to help you understand what the Court decided in FBI v. Fazaga and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of FBI v. Fazaga.
The Supreme Court addressed whether the Foreign Intelligence Surveillance Act (FISA) displaces the state secrets privilege in the case of FBI v. Fazaga. The Court reversed the Ninth Circuit's decision, concluding that FISA does not alter the availability of the state secrets privilege. The case involved claims of illegal surveillance of Muslim communities in California.
Holding
The single most important “bottom line” of what the Court decided in FBI v. Fazaga.
The Court held that Section 1806(f) does not displace the state secrets privilege.
Constitutional Concepts
These are the Constitution-related themes that appear in FBI v. Fazaga. Click a concept to see other cases that involve the same idea.
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Why Judicial Review is relevant to FBI v. Fazaga
The Court's decision involves interpreting the scope of FISA and its interaction with the state secrets privilege, which is a form of judicial review.
Syllabus excerpt (verbatim)The case requires the Court to determine whether FISA affects the availability or scope of the long-established 'Government privilege against court-ordered disclosure of state and military secrets.'
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Why Executive Power is relevant to FBI v. Fazaga
The case involves the government's assertion of the state secrets privilege, which is an aspect of executive power related to national security.
Syllabus excerpt (verbatim)The Government moved to dismiss most of respondents' claims under the 'state secrets' privilege.
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Why Procedural Due Process is relevant to FBI v. Fazaga
The case involves procedural mechanisms under FISA for handling classified information, which relates to procedural due process concerns.
Syllabus excerpt (verbatim)Subsection (f) of § 1806 permits a court to determine whether information was lawfully gathered 'in camera and ex parte' if the 'Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States.'
Key Quotes
Short excerpts from the syllabus in FBI v. Fazaga that support the summary and concepts above.
Section 1806(f ) does not displace the state secrets privilege.
The absence of any reference to the state secrets privilege in FISA is strong evidence that the availability of the privilege was not altered.
The Court does not resolve the parties' dispute about the meaning of § 1806(f ).