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Tag Archives: Clapper v. Amnesty International

U.S. Notifies Criminal Defendant of Its Intention To Use FISA Information Against Him

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Saturday, October 26, 2013 at 5:06 PM

In what could be a consequential move, federal prosecutors this week informed a man accused of providing material support to the Islamic Jihad Union (“IJU”) that they intend to “offer into evidence or otherwise use or disclose in proceedings [against him] … information obtained or derived from” intelligence collection conducted under Section 702 of FISA. The 2011 complaint filed . . .
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The Clapper Fix: Congress and Standing to Challenge Secret Surveillance

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Thursday, June 20, 2013 at 12:48 PM

As the Supreme Court’s October 2012 Term enters its climactic closing week, I’ve been thinking a lot about the most important national security decision of the Term–the 5-4 February 26 decision in Clapper v. Amnesty International, holding that the Plaintiffs lacked standing to challenge section 702 of the FISA Amendments Act of 2008 (FAA) because they . . .
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Motions on Clapper‘s Implications for Standing in the Hedges Second Circuit Appeal

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Saturday, April 6, 2013 at 1:35 PM

Peter Margulies recently discussed the effect of the Supreme Court’s recent decision in Clapper v. Amnesty International USA denying standing to plaintiffs challenging the NSA’s warrantless wiretapping program on the ongoing litigation in Hedges v. Obama. (Steve made a similar argument last May, before the Court decided Clapper.) Hedges, you will recall, is a challenge to the . . .
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Peter Margulies on Clapper

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Wednesday, February 27, 2013 at 7:20 AM

Peter Margulies of Roger Williams School of Law writes in with the following comments on yesterday’s Clapper decision: The Supreme Court’s decision Tuesday in Clapper v. Amnesty International reads at first like a substantial narrowing of standing doctrine.  However, closer examination reveals a more modest decision geared to courts’ institutional weaknesses in intelligence cases.  Justice Alito’s . . .
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Clapper Opinion Recap: Supreme Court Denies Standing to Challenge NSA Warantless Wiretapping

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Tuesday, February 26, 2013 at 9:17 PM

As Wells reported, the Supreme Court issued its opinion in Clapper v. Amnesty International USA this morning. By a 5–4 vote, it held that a group of human rights organizations, lawyers, activists, and journalists lacked standing to challenge the constitutionality of a congressionally authorized, warrantless government surveillance program. The surveillance program was authorized by the . . .
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Lawfare Podcast Episode #21: Jameel Jaffer and Benjamin Powell on Clapper v. Amnesty International

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Monday, November 12, 2012 at 12:59 PM

On Monday, October 29, the Supreme Court heard oral argument in Clapper v. Amnesty International, which poses the question whether a group of human rights organizations, lawyers, activists, and journalists have standing to challenge a congressionally-authorized warantless government surveillance program. In this episode of the podcast, I spoke with both Jameel Jaffer of the ACLU, who . . .
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Update on the FISA Amendments Act Reauthorization

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Wednesday, October 31, 2012 at 6:23 PM

The Supreme Court is not the only branch of government focused on FISA. As many Lawfare readers will recall, Congress is currently considering reauthorizing Title VII of FISA, which is scheduled to expire at the end of the year pursuant to a sunset provision in the 2008 amendments. This post summarizes the current status of . . .
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Supreme Court Oral Argument in Clapper v. Amnesty International This Morning [Updated]

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Monday, October 29, 2012 at 9:34 AM

Proving once again that the judiciary is the most hardcore of the three branches, the Supreme Court remains open for business this morning. The Justices will hear oral argument in Clapper v. Amnesty International, about whether human rights groups have standing to challenge the constitutionality of counterterrorism-related global surveillance, given that the program is secret and . . .
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Federalist Society Teleforum on Clapper v. Amnesty Int’l

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Tuesday, July 24, 2012 at 4:26 PM

This Friday, I’ll be joining Benjamin Powell from WilmerHale (and formerly, inter alia, the General Counsel of the Office of the Director of National Intelligence) for a Federalist Society teleforum on Clapper v. Amnesty International–the lawsuit challenging the constitutionality of the key provisions of the FISA Amendments Act of 2008, and in which the Supreme . . .
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More on Clapper and the Foreign Intelligence Surveillance Exception

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Wednesday, May 23, 2012 at 3:32 PM

I’ve gotten lots of helpful feedback both on- and offline re: yesterday’s post on Clapper v. Amnesty International, and wanted to write in a bit more detail about (my understanding of) the foreign intelligence surveillance exception to the Fourth Amendment’s Warrant Clause, and why I think it’s the heart (albeit not the entirety) of the . . .
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Why Clapper Matters: The Future of Programmatic Surveillance

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Tuesday, May 22, 2012 at 10:13 AM

In light of the Supreme Court’s grant of certiorari yesterday to review the Second Circuit’s decision in Clapper v. Amnesty International, I thought I’d put together a background post trying to explain why, in my view, Clapper is such an important case.  To be sure, the Justices are only being asked to decide a technical legal . . .
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Cert. Granted in Clapper v. Amnesty International

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Monday, May 21, 2012 at 10:51 AM

Ben noted the non-action on the cert. petitions in the Guantanamo cases (which probably means either that the Justices aren’t sure what to do, or that someone is publishing a dissent from the decision to deny certiorari). The one case in which cert. was granted this morning (as predicted) was Clapper v. Amnesty International, which raises . . .
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Why Hedges v. Obama is Terribly Perplexing

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Thursday, May 17, 2012 at 12:33 AM

I’ve now had more of a chance to read through Judge Forrest’s decision Wednesday in Hedges v. Obama, which (seems to) enter a preliminary injunction against some or all of section 1021 of the FY2012 National Defense Authorization Act. [It's getting hard to keep all these NDAAs straight!] Just so we’re all on the same . . .
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National Security @ This Week’s Supreme Court Conference

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Tuesday, May 15, 2012 at 1:20 PM

As usual, SCOTUSblog has a helpful post summarizing some of the key petitions for certiorari that the Supreme Court’s nine Justices are set to review at their Conference this Friday. I just thought I’d flag it here because two of the “headliners” are both high-profile national security cases about which we have blogged (just a . . .
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Clapper v. Amnesty Int’l: Secret Surveillance, Standing, and the Supreme Court

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Monday, February 20, 2012 at 1:23 AM

Friday afternoon, the Obama Administration filed a cert. petition in Clapper v. Amnesty International, the constitutional challenge to 50 U.S.C. § 1881a (added by the FISA Amendments Act of 2008), which authorizes “the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information” (and which, in the process, dramatically expands . . .
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The Circuit Split in the Surveillance Cases

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Thursday, March 24, 2011 at 11:33 PM

The other day, Bobby posted a link to the the Second Circuit’s recent decision in Amnesty International v. Clapper, a case holding that plaintiffs challenging the constitutionality of provisions in the 2008 FISA Amendments Act (“FAA”) had standing to pursue their lawsuit. The panel of Judges Guido Calabresi, Robert Sack, and Gerard Lynch held that . . .
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Second Circuit Reverses in Amnesty Int’l v. Clapper, Paving Way for Merits Ruling on Constitutionality of FISA Section 702

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Monday, March 21, 2011 at 4:55 PM

* Amnesty International, et al. v. Clapper, et al. (2d Cir. Mar. 21, 2011) (reversing grant of summary judgment to government in FISA Amendments Act challenge)  The plaintiffs in this suit are a mix of individuals and groups relating to law, media, human rights, and labor.  They argued that FISA section 702 (50 USC 1881a), . . .
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