Federal Bureau of Investigation v. Fazaga | |
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Argued November 8, 2021 Decided March 4, 2022 | |
Full case name | Federal Bureau of Investigation, et al. v. Yassir Fazaga, et al. |
Docket no. | 20-828 |
Citations | 595 U.S. ___ ( more ) |
Argument | Oral argument |
Court membership | |
| |
Case opinion | |
Majority | Alito, joined by unanimous |
Laws applied | |
Foreign Intelligence Surveillance Act of 1978 |
Federal Bureau of Investigation v. Fazaga, 595 U.S. ___ (2022), was a United States Supreme Court case dealing with the use of law enforcement surveillance under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the state secrets privilege defense. The case stems from a 2011 class action lawsuit filed against the Federal Bureau of Investigation (FBI) related to one of its surveillance operations. In August 2012, the district court dismissed the case on the basis of the FBI's invocation of state secrets privilege. The Ninth Circuit overturned this ruling in part in 2019, ruling that FISA precluded the defendants from invoking the state secrets defense. However, the Supreme Court overturned the Ninth Circuit’s ruling in a unanimous decision in March 2022, stating that FISA does not override the state secrets defense.
In 2006, the FBI and the Orange County, California Joint Terrorism Task Force ran Operation Flex, a counterterrorism operation, by recruiting a fitness instructor, Craig Monteilh, to become an informant. Monteilh, under an assumed name, pretended to convert to Islam and joined the Islamic Center of Irvine (ICOI) in Irvine, California. [1] In addition to his own gathering of information, Monteilh wore and planted recording devices throughout the mosque and in homes and businesses of ICOI members that Monteilh came to know personally, passing on the information to the FBI. After about a year, Monteilh began making statements about taking violent action while in the presence of ICOI. He was reported to the police and put under a restraining order from ICOI. The FBI lost confidence in Monteilh and ended the operation. [2] [3]
Monteilh was convicted of grand theft in connection with the distribution of steroids in a separate matter in 2008, and ended up in California state prison. In April 2008, he was stabbed repeatedly in prison after being labelled a snitch. Monteilh filed a lawsuit against the FBI, stating that they failed to protect him after using him for their investigation, and made numerous details of Operation Flex public in 2009 prior to filing his suit against the FBI in 2010. [4] Monteilh also spoke to these details of Operation Flex in a 2009 case the FBI brought against Ahmad Niazi, an Afghan immigrant that Monteilh had attempted to blackmail to become an FBI informant, though charges against Niazi were eventually dropped. [5]
Three members of ICOI, using Monteilh's information, filed a lawsuit in the U.S. District Court for the Central District of California in 2011 against the United States, the FBI, and several FBI agents involved in Operation Flex. [1] The plaintiffs alleged that they were subject to unconstitutional law enforcement surveillance under eleven causes of action, including FISA, First, Fourth, and Fifth Amendment rights, and other laws related to the use of mass surveillance and religious profiling. They also sought class certification. [2] [6] The American Civil Liberties Union was the lead counsel for the plaintiffs; the Council on American-Islamic Relations was also involved. [7] [8] Monteilh also provided more information on his role as an informant to the plaintiffs. [5]
Eric Holder, the Attorney General at the time (under the Obama administration), helped defend the FBI's actions leading up to Fazaga. [9] [10] The government moved to dismiss the case, invoking the state secret privilege of FISA and arguing that further litigation of the case would risk national security. [2] U.S. District Judge Cormac J. Carney agreed, stating that the FBI could not defend itself without "relying on privileged material", [2] and in August 2012, dismissed the class-action suit. [11] Judge Carney did allow FISA-related portions of the suit against the specific FBI agents to continue. [2]
The plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit. In 2019, the Ninth Circuit affirmed the district court's ruling in part and reversed in part. The Ninth Circuit found that the District Court erred in application of FISA's state secret privilege outlined in Section 1806(f), as the conditions of the three members of ICOI met the requirements of Section 1806(f): that they were an "aggrieved person" that had sought to "discover or obtain" the information the FBI had obtained on them. [2] Along with other reversals of the District Court's dismissal, the Ninth Circuit decision allowed the class-action suit to proceed. [2] The Ninth Circuit denied to rehear the case en banc in July 2020. [12]
The FBI filed a petition for a writ of certiorari that asked the Supreme Court to review the Ninth Circuit's ruling and resolve the question regarding FISA Section 1806(f). The FBI stated that the specific FISA section only applied when the case dealt with charging a specific individual, and did not apply to a general challenge to their surveillance methods. [3] The Supreme Court granted certiorari in June 2021, agreeing to hear the case during its 2021–22 term. [13]
The Court ruled unanimously on March 4, 2022, reversing the Ninth Circuit and remanding the case. The opinion, written by Justice Samuel Alito, stated that Section 1806(f) of FISA does not override the state secrets privilege, as was ruled by the Ninth Circuit. [14]
In a 2013 book on transparency in legal contexts, Bianchi noted that although public opinion supports government transparency (even when it involves security-sensitive governmental law enforcement), there are "dark sides of transparency". [15] In an opinion piece in 2014 for Al Jazeera, assistant professor of history Abdullah Al-Arian at Georgetown University criticized the use of informants in Fazaga. [16]
Brandon Mayfield is a Muslim-American convert in Washington County, Oregon, who was wrongfully detained in connection with the 2004 Madrid train bombings on the basis of a faulty fingerprint match. On May 6, 2004, the FBI arrested Mayfield as a material witness in connection with the Madrid attacks, and held him for two weeks, before releasing him with a public apology following Spanish authorities identifying another suspect. A United States DOJ internal review later acknowledged serious errors in the FBI investigation. Ensuing lawsuits resulted in a $2 million settlement. An initial ruling declared some provisions of the USA PATRIOT Act unconstitutional, but the United States government appealed, and the ruling was overturned at the Ninth Circuit level on technical standing grounds.
The Alien Tort Statute, also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law. It was first introduced by the Judiciary Act of 1789 and is one of the oldest federal laws still in effect in the U.S.
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information which might endanger national security. United States v. Reynolds, which involved alleged military secrets, was the first case that saw formal recognition of the privilege.
The United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court whose sole purpose is to review denials of applications for electronic surveillance warrants by the United States Foreign Intelligence Surveillance Court. The FISCR was established by the Foreign Intelligence Surveillance Act of 1978 and consists of a panel of three judges. Like the FISC, the FISCR is not an adversarial court; rather, the only party to the court is the federal government, although other parties may submit briefs as amici curiae if they are made aware of the proceedings. Papers are filed and proceedings are held in secret. Records of the proceedings are kept classified, though copies of the proceedings with sensitive information redacted are very occasionally made public. The government may appeal decisions of the FISCR to the Supreme Court of the United States, which hears appeals on a discretionary basis.
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The Islamic Center of Irvine (ICOI) is a mosque and Islamic community center founded by the local Muslim community in the city of Irvine, California on August 28, 2004. It is one of the largest Muslim congregations in California, with an estimated 2,500.0 worshipers attending weekly programs, and offers a variety of services from youth programs to senior workshops and interfaith sports activities. The Islamic Center of Irvine is partnered with the Islamic Society of Orange County in nearby Garden Grove, the Orange County Islamic Foundation in Mission Viejo, and the Islamic Institute of Orange County in Anaheim. The center has also teamed up with various churches and recently signed a friendship pact and held an event with Saddleback Church, one of the largest churches in the country.
Ziglar v. Abbasi, 582 U.S. ___ (2017), is a Supreme Court of the United States case in which the Court determined, by a vote of 4–2, that non-U.S. citizens detained in the aftermath of the September 11 attacks cannot recover monetary damages from high level federal officials for the conditions of their confinement. The case was consolidated with Hastey v. Abbasi, and Ashcroft v. Abbasi. It was argued on January 18, 2017.
Mary Helen Murguia is an American lawyer and jurist serving as the Chief United States circuit judge of the United States Court of Appeals for the Ninth Circuit. She previously served as a U.S. district judge of the United States District Court for the District of Arizona from 2000 to 2011.
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Wal-Mart v. Dukes, 564 U.S. 338 (2011), was a United States Supreme Court case in which the Court ruled that a group of roughly 1.5 million women could not be certified as a valid class of plaintiffs in a class-action lawsuit for employment discrimination against Walmart. Lead plaintiff Betty Dukes, a Walmart employee, and others alleged gender discrimination in pay and promotion policies and practices in Walmart stores.
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Jewel v. National Security Agency, 673 F.3d 902, was a class action lawsuit argued before the District Court for the Northern District of California and the Court of Appeals for the Ninth Circuit, filed by Electronic Frontier Foundation (EFF) on behalf of American citizens who believed that they had been surveilled by the National Security Agency (NSA) without a warrant. The EFF alleged that the NSA's surveillance program was an "illegal and unconstitutional program of dragnet communications surveillance" and claimed violations of the Fourth Amendment.
Wikimedia Foundation, et al. v. National Security Agency, et al. is a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of the Wikimedia Foundation and several other organizations against the National Security Agency (NSA), the United States Department of Justice (DOJ), and other named individuals, alleging mass surveillance of Wikipedia users carried out by the NSA. The suit claims the surveillance system, which NSA calls "Upstream", breaches the First Amendment to the United States Constitution, which protects freedom of speech, and the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.
OBB Personenverkehr AG v. Sachs, 577 U.S. ___ (2015), is a decision by the Supreme Court of the United States, holding that the Foreign Sovereign Immunities Act barred a California resident from bringing suit against an Austrian railroad in federal district court. The case arose after a California resident suffered traumatic personal injuries while attempting to board a train in Innsbruck, Austria. She then filed a lawsuit against the railroad in the United States District Court for the Northern District of California in which she alleged the railroad was responsible for causing her injuries. Because the railroad was owned by the Austrian government, the railroad claimed that the lawsuit should be barred by the Foreign Sovereign Immunities Act, which provides immunity to foreign sovereigns in tort suits filed in the United States. In response, the plaintiff argued that her suit should be permitted under the Foreign Sovereign Immunity Act's commercial activity exception because she purchased her rail ticket in the United States.
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China Agritech, Inc. v. Resh, 584 U.S. ___ (2018), was a case decided by the Supreme Court of the United States, holding that upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.
Tanzin v. Tanvir, 592 U.S. ___ (2020), was a United States Supreme Court case involving legal remedies that could be sought by litigants against federal officials for violations of the Religious Freedom Restoration Act of 1993. In a unanimous decision issued December 10, 2020, the court ruled that the Act allowed for litigants to seek not only injunctive relief but also monetary damages.
TransUnion LLC v. Ramirez, 594 U.S. ___ (2021), was a United States Supreme Court case dealing with standing under Article III of the Constitution related to class-action suits against private defendants. In a 5–4 decision, the Court ruled that only those that can show concrete harm have standing to seek damages against private defendants.
...The American Civil Liberties Union (ACLU) has filed a class action complaint against the FBI in the Central District of California alleging that the FBI used an informant to 'indiscriminately collect personal information on hundreds and perhaps thousands of innocent Muslim Americans in Southern California.... [T]he FBI did not gather the information based on suspicion of criminal activity, [but] instead it gathered the information simply because the targets were Muslim.' ...Fazaga v. Fed. Bureau of Investigation, No. SACV11-00301 (C.D. Cal. February 22, 2011). ...
...in July 2006, FBI agents ...directed undercover informant Craig Monteilh to infiltrate the mosques in Southern California and paid him... [to] create video and audio recordings of Muslim activities, the plaintiffs' claim. ... Monteilh sued the FBI for $10 million in January 2010... In the new class action [lawsuit filed in 2011], named plaintiff Sheikh Yassir Fazaga, an imam with the Orange County Islamic Foundation, says that he can no longer counsel congregants at the mosque because they fear surveillance. Fazaga claims that since having contact with Monteilh he has been regularly delayed at airport screenings when travelling internationally] ... [the Fazaga lawsuit seeks] damages from the FBI, its Director Robert Mueller... for violations the First, Fourth and Fifth Amendments, the Privacy Act, the Religious Freedom Restoration Act and the Foreign Intelligence Surveillance Act... [plus] destruction of the information the FBI [allegedly] obtained illegally. Its lead counsel is Peter Bibring with the ACLU of Southern California...
...Charlie Savage, F.B.I. Agents Get Leeway to Push Privacy Bounds, N.Y. TIMES, June 13, 2011, at A1. An unflattering portrait of FBI intelligence gathering in certain California mosques emerges in a civil rights complaint in Fazaga v. FBI, No. SA11-CV0-00301CJC (C.D. Cal. February 22, 2011). The government asserted the state secrets privilege in response. See Notice of Motion and Motion to Dismiss and for Summary Judgment at 22–35, Fazaga, No. SA11-CV0-00301CJC (C.D. Cal. August 1, 2011).... ...Although the Obama Administration committed itself to more limited use of the state secrets privilege, it has not shied away from raising state secrets in lawsuits, including those alleging violations of the First Amendment's Religion Clauses. See, e.g., Declaration of Eric H. Holder, Attorney General of the United States at 1–2, Fazaga v. FBI, No. SA11-CV0-00301CJC (C.D. Cal. February 22, 2011) (asserting the state secrets privilege in a suit alleging First Amendment violations through FBI surveillance of a mosque). ...
...In contrast, the opposites of transparency, such as secrecy and confidentiality, have taken on a negative connotation... largely considered as manifestations of power and, often, of its abuse. ...we no longer see why one should be secretive about their business, whatever the latter is. All the more so if the activity in question concerns the administration of the public good. Not even in such areas as security and public order is public opinion particularly in favour of tolerating restrictions on transparency. The State secrets privilege that is often invoked in courtrooms to shield government officials against scrutiny in security-sensitive cases causes most people to frown. ...the recent decision concerning an FBI programme of surveillance on the civilian population; US Central District Court of California, Southern Division, Fazaga v. FBI, Decision of 14 August 2012, 2012 WL 3327092. ... Overall, the world to which we aspire is a transparent one. The purpose of the following remarks is to call the wisdom of this aspiration into question by investigating a few of the dark sides of transparency...