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For Immediate Release
September, 13 2013, 01:12pm EDT
Contact:
Josh Bell, 212-549-2666, media@aclu.org
FISA Court Orders Declassification Review of Rulings on NSA Spying in Response to ACLU Request
ACLU Welcomes Ruling for Transparency
WASHINGTON
In an important decision, the Foreign Intelligence Surveillance Court ordered the government to review for release the court's opinions on the meaning, scope, and constitutionality of Section 215 of the Patriot Act. The ruling is on a motion filed by the American Civil Liberties Union, the ACLU of the Nation's Capital, and Yale Law School's Media Freedom and Access Information Clinic. Section 215, which authorizes the government to obtain "any tangible things" relevant to foreign-intelligence or terrorism investigations, is the claimed legal basis for the NSA's mass phone records collection program.
"We are pleased that the surveillance court has recognized the importance of transparency to the ongoing public debate about the NSA's spying," said Alex Abdo, staff attorney with the ACLU National Security Project. "For too long, the NSA's sweeping surveillance of Americans has been shrouded in unjustified secrecy. Today's ruling is an overdue rebuke of that practice. Secret law has no place in our democracy."
In its ruling today, the court gave the government until October 4 to identify FISC opinions on Section 215 and set a timetable for declassification review. The court's order covers all opinions except for those covered by a Freedom of Information Act lawsuit filed by the ACLU in October 2011 that is still being litigated in New York. On Tuesday, in response to that FOIA lawsuit, the government released a number of FISC opinions revealing that the NSA repeatedly violated court-imposed limits on its surveillance powers. The government in that case has also agreed to release additional sets of documents by October 10 and October 31.
The ACLU's motion with the FISC asked whether earlier FISC opinions have been revisited in light of more recent rulings by other courts, such as the Supreme Court's 2012 decision in the GPS tracking case U.S. v. Jones. Another answer sought by the motion is whether the FISC has considered the constitutionality of the "gag order" provision that bars companies from revealing that they have been ordered to turn over information under Section 215. (In 2008, a federal appeals court agreed with the ACLU that an analogous gag order provision relating to "national security letters" was unconstitutional.)
In 2007, the FISC rejected an ACLU request for the release of legal opinions relating to the Bush administration's warrantless wiretapping program.
The ACLU has filed a lawsuit challenging the constitutionality of the NSA's mass phone records collection program. Oral argument in the case is scheduled for November 1 in New York.
Today's ruling is at:
https://www.uscourts.gov/uscourts/courts/fisc/misc-13-02-order-130813.pdf
More information and legal filings on the motion are at:
https://www.aclu.org/national-security/fisa-court-motion-requesting-pub...
This press release is at:
https://www.aclu.org/national-security/fisa-court-orders-declassificati...
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
India and Pakistan Agree to 'Full and Immediate' Cease-Fire After US Talks
India's foreign secretary said that "both sides would stop all firing and military action on land and in the air and sea."
May 10, 2025
This is a developing story... Please check back for possible updates...
U.S. President Donald Trump said on social media Saturday morning that India and Pakistan agreed to a "full and immediate" cease-fire after marathon overnight talks between the nuclear-armed neighbors, who have engaged in tit-for-tat strikes in the wake of last month's Pahalgam massacre in Indian-occupied Kashmir.
"After a long night of talks mediated by the United States, I am pleased to announce that India and Pakistan have agreed to a FULL AND IMMEDIATE CEASE-FIRE," the U.S. president said on his Truth Social platform. "Congratulations to both Countries on using Common Sense and Great Intelligence. Thank you for your attention to this matter!"
Pakistani Deputy Prime Minister and Foreign Minister Ishaq Dar also confirmed the development, according toGeo News.
"Speaking to the media, Dar expressed gratitude to the countries that played a role in achieving the cease-fire, noting that diplomatic efforts were underway throughout the day, following which a cease-fire agreement was reached," Geo News detailed. "He specifically acknowledged the role played by U.S. Secretary of State Marco Rubio in the process."
Citing Indian Foreign Secretary Vikram Misri, NBC Newsreported that the cease-fire began at 5:00 pm local time. Misri said that "it was agreed that both sides would stop all firing and military action on land and in the air and sea."
However, Drop Site News noted that blackouts and sirens were reported in northern India, near the Pakistan border, following "reports of explosions over Jammu and Srinagar hours after the U.S.-brokered cease-fire announcement."
Sources from both governments toldReuters that despite the cease-fire deal, the Indus Waters Treaty remains suspended. India withdrew from the decades-old water-sharing pact after militants attacked Hindu tourists and killed 26 people in Kashmir.
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Federal Judge Halts Trump and Musk's Illegal Overhaul of US Government
The second Trump administration "has thrown agencies into chaos, disrupting critical services provided across our nation," the coalition behind the lawsuit said, welcoming the temporary restraining order.
May 10, 2025
A federal judge in California on Friday temporarily blocked what at coalition of labor unions, local governments, and nonprofits argued was "the unconstitutional dismantling of the federal government by the president of the United States on a scale unprecedented in this country’s history and in clear excess of his authority."
Since returning to office in January, U.S. President Donald Trump—aided by his so-callled Department of Government Efficiency and its de facto leader, billionaire Elon Musk—has worked to quickly overhaul the bureaucracy, even though "the president does not possess authority to reorganize, downsize, or otherwise transform the agencies of the federal government, unless and until Congress authorizes such action," as the coalition's complaint notes.
District Judge Susan Illston agreed with the groups and governments, which include the American Federation of Government Employees (AFGE), American Federation of State County and Municipal Employees (AFSCME), Service Employees International Union (SEIU), Alliance for Retired Americans, Main Street Alliance, Natural Resources Defense Council, the city and county of San Francisco, Chicago, Baltimore, and more.
"The president has the authority to seek changes to executive branch agencies, but he must do so in lawful ways and, in the case of large-scale reorganizations, with the cooperation of the legislative branch," wrote Illston in a 42-page decision. "Many presidents have sought this cooperation before; many iterations of Congress have provided it. Nothing prevents the president from requesting this cooperation—as he did in his prior term of office."
"Indeed, the court holds the president likely must request congressional cooperation to order the changes he seeks, and thus issues a temporary restraining order to pause large-scale reductions in force in the meantime," said the judge, appointed to the U.S. District Court for the Northern District of California by former President Bill Clinton.
Illston added that "a temporary restraining order is, by definition, temporary. The court will not consider defendants' request for a stay of execution of the temporary restraining order, as doing so would render the exercise pointless. The court must promptly proceed to consideration of a preliminary injunction."
Welcoming the development in a late Friday statement, the plaintiff coalition said that "the Trump administration's unlawful attempt to reorganize the federal government has thrown agencies into chaos, disrupting critical services provided across our nation."
"Each of us represents communities deeply invested in the efficiency of the federal government—laying off federal employees and reorganizing government functions haphazardly does not achieve that," the coalition added. "We are gratified by the court's decision today to pause these harmful actions while our case proceeds."
The "largest and most significant challenge to Trump's authority to remake the government without congressional approval," as the coalition called it, was filed April 28 by the organizations' legal team: Democracy Forward, Altshuler Berzon LLP, Protect Democracy, Public Rights Project, and State Democracy Defenders Fund.
Illston's decision came just hours after an emergency hearing, during which coalition attorney Danielle Leonard "said the Trump administration's vision was to fundamentally degrade the services that Congress funds agencies to carry out, raising a profound separation of powers conflict," according toThe New York Times.
As the newspaper detailed:
"There's a presumption of regularity that used to exist with respect to the government's actions that I think they need to re-earn," she said.
Ms. Leonard said the Trump administration has never been able to point to any specific authority through which the president could seize that power from Congress. And she said that the government has consistently offered competing and contradictory explanations of why Mr. Trump can authorize the massive restructuring without Congress.
"It's an ouroboros: the snake eating its tail," she said.
Signaling a desire to keep moving through the process swiftly, Illston gave the plaintiff coalition until next Wednesday to file a motion for a preliminary injunction, and the federal defendants—Trump along with various federal agencies and their leaders—until the following Monday to respond, with a limit of 25 pages for both.
Even if the coalition's lawsuit ultimately succeeds, Republicans have a narrow majority in both chambers of Congress, meaning Trump could potentially work with lawmakers to pursue a similar gutting of the federal government before the midterm elections.
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Warning of Grave Threat to Free Speech, Judge Frees Rümeysa Öztürk
"There has been no evidence that has been introduced by the government other than the op-ed," U.S. District Judge William Sessions III said, referring to Öztürk's article urging divestment from Israel.
May 09, 2025
Rümeysa Öztürk, one of several pro-Palestine scholars kidnapped and imprisoned by the Trump administration under its dubious interpretation of an 18th-century law and a Cold War-era national security measure, was released from Immigration and Customs Enforcement custody Friday following a federal judge's order.
U.S. District Judge William Sessions III in Vermont ruled that Öztürk—a 30-year-old Turkish Ph.D. student at Tufts University in Massachusetts and Fulbright scholar—was illegally detained in March, when masked plainclothes federal agents snatched her off a suburban Boston street in broad daylight in what eyewitnesses and advocates likened to a kidnapping and flew her to a U.S. Immigration and Customs Enforcement (ICE) detention center in Louisiana.
"Thank you so much for all the support and love," Öztürk told supporters outside the facility following her release.
The government admits that Öztürk committed no crime. She was targeted because of an
opinion piece published in Tufts Daily advocating divestment from Israel amid the U.S.-backed nation's genocidal assault on Gaza and its apartheid, occupation, ethnic cleansing, and colonization in the rest of Palestine. Öztürk was arrested despite a U.S. State Department determination that there were no grounds for revoking her visa.
"There has been no evidence that has been introduced by the government other than the op-ed," said Sessions, an appointee of former President Bill Clinton. "That literally is the case."
BREAKING: a federal judge has ordered the Trump administration to immediately release on bail Rumeysa Ozturk, a Muslim grad student at Tufts University who was abducted and abused by ICE agents, all because she wrote an editorial, yes, an editorial, critical of the Israeli government's genocide.
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— CAIR (The Council on American-Islamic Relations) ( @cairnational.bsky.social) May 9, 2025 at 11:12 AM
"There is no evidence here as to the motivation, absent consideration of the op-ed, so that creates unto itself a very significant substantial claim that the op-ed—that is, the expression of one's opinion as ordinarily protected by the First Amendment—form the basis of this particular detention," the judge continued, adding that Öztürk's "continued detention potentially chills the speech of the millions and millions of people in this country who are not citizens."
"There is absolutely no evidence that she has engaged in violence, or advocated violence, she has no criminal record," Sessions noted. "She has done nothing other than, essentially, attend her university and expand her contacts in her community in such a supportive way."
"Her continued detention cannot stand," he added.
The Trump administration has openly flouted judge's rulings—including a U.S. Supreme Court order—that direct it to release detained immigrants. Sessions' Friday ruling follows his earlier order to send Öztürk to Vermont and Wednesday's 2nd U.S. Circuit Court of Appeals affirmation of the judge's directive, both of which have been ignored by the administration.
Seeing that Öztürk was still in ICE custody hours after his order, Sessions reiterated his directive Friday afternoon.
"In light of the court's finding of no flight risk and no danger to the community, petitioner is to be released from ICE custody immediately on her own recognizance, without any form of body-worn GPS or other ICE monitoring at this time," the judge wrote.
Mahsa Khanbabai, Öztürk's attorney, toldCourthouse News Service she's "relieved and ecstatic" that her client has been ordered released.
"Unfortunately, it is 45 days too late," Khanbabai lamented. "She has been imprisoned all these days for simply writing an op-ed that called for human rights and dignity for the people in Palestine. When did speaking up against oppression become a crime? When did speaking up against genocide become something to be imprisoned for?"
The Trump administration has dubiously invoked the Alien Enemies Act of 1798, which allows the president to detain dor deport citizens of countries with which the U.S. is at war, in a bid to justify Öztürk's persecution. The administration has also cited the Immigration and Nationality Act of 1952, which empowers the secretary of state to order the expulsion of noncitizens whose presence in the United States is deemed detrimental to U.S. foreign policy interests.
"When did speaking up against genocide become something to be imprisoned for?"
Secretary of State Marco Rubio—who lied about Öztürk supporting Hamas—has used such determinations to target people for engaging in constitutionally protected speech and protest.
"We do it every day," Rubio said in March in defense of the policy. "Every time I find one of these lunatics, I take away their visas."
Rubio has invoked the law to target numerous other students who the government admits committed no crimes. These include Mahmoud Khalil, Mohsen Mahdawi, and Yunseo Chung—all permanent U.S. residents—as well as Ranjani Srinivasan and others. Far-right, pro-Israel groups like Betar and Canary Mission have compiled lists containing the names of these and other pro-Palestine students that are shared with the Trump administration for possible deportation.
Foreign nationals—and some U.S. citizens wrongfully swept up in the Trump administration's mass deportation effort—are imprisoned in facilities including private, for-profit detention centers, where there are widespread reports of poor conditions and alleged abuses.
These include denial of medical care, insufficient access to feminine hygiene products, and rotten food at the South Louisiana ICE Processing Center, where Öztürk—who, according to Rep. Ayanna Pressley (D-Mass.), has received no religious or dietary accommodations and had her hijab forcibly removed—is being held.
Öztürk also suffers from asthma and told Sessions via Zoom Friday that her attacks have increased behind bars due to stress. Dr. Jessica McCannon, a pulmonologist, testified that Öztürk's asthma appears to be poorly controlled in ICE custody, according to
courtroom coverage on the social media site Bluesky by freelance journalist Joshua J. Friedman.
U.S. Sen. Elizabeth Warren (D-Mass.) was among those who on Friday demanded Öztürk's immediate release, while other lawmakers and human rights and free speech defenders celebrated Sessions' decision.
"Rümeysa Öztürk has finally been ordered released," Sen. Ed Markey (D-Mass.) said on social media. "She has been unlawfully detained for more than six weeks in an ICE facility in Louisiana, more than 1,500 miles away from Somerville. This is a victory for Rümeysa, for justice, and for our democracy."
In the United States, we guarantee free speech. No one here will lose their rights and freedom for publishing an op-ed. This is a win for the rule of law. Rümeysa is free!
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— Representative Becca Balint ( @balint.house.gov) May 9, 2025 at 1:24 PM
Seth Stern, director of advocacy at Freedom of the Press Foundation, said in a statement that "it is unfathomable that in the United States legal system, it takes 45 days for a judge to rule that people can't be put behind bars for writing op-eds the government doesn't like."
"Without a system committed to its principles, the Constitution is just words on paper, and they don't mean much if this can happen here," Stern continued. "Öztürk's abduction and imprisonment is one of the most shameful chapters in First Amendment history."
"We're thankful that Judge Sessions moved it one step closer to an end and we call on the Trump administration to release Öztürk immediately and not attempt to stall with any further authoritarian nonsense," he added.
Amid President Donald Trump's defunding threats and pressure from ICE officials, universities have told "many hundreds" of international students that they have lost their immigration status and must immediately self-deport. These notifications were based on the Department of Homeland Security's (DHS) termination of students' records on the Student Exchange and Visitor Information System (SEVIS), a database used by schools and authorities to access visa information.
Although DHS admitted in court that it had no authority to use SEVIS to revoke students' status, the Trump administration still canceled more than 1,800 visas before reversing course last month pending an ICE policy revamp.
In addition to moving to deport pro-Palestine students, the Trump administration is sending Latin American immigrants—including wrongfully expelled Maryland man Kilmar Abrego García—to a notorious prison in El Salvador, and the president has repeatedly threatened to send natural-born U.S. citizens there.
As with Öztürk and other detained students, the Trump administration has dubiously invoked the Alien Enemies Act in trying to deport García and others. However, federal judges—including multiple Trump appointees—have thwarted some of these efforts.
On Friday, White House Deputy Chief of Staff Stephen Miller said that Trump and his advisers are "actively looking at" suspending habeas corpus as a means of overcoming judicial pushback against the administration's deportation blitz.
"Well, the Constitution is clear—and that of course is the supreme law of the land—that the privilege of the writ of habeas corpus can be suspended in a time of invasion," Miller told reporters at the White House. No foreign entity has invaded the United States since Japanese forces landed in the Aleutian Islands in the then-territory of Alaska during World War II.
Critics pointed out that Miller's proposal is, in fact, blatantly unconstitutional.
"Since it appears needs to be said: The authority to suspend habeas corpus lies with Congress, not the president, and is only legal during extreme circumstances of rebellion or invasion," Democratic pollster and strategist Matt McDermott said on Bluesky. "Stephen Miller is full of shit."
It wasn't just Democrats and Palestine defenders who cheered Sessions' ruling Friday. Billy Binion, who covers "all things injustice" for the libertarian website Reason, said on social media that the government's "entire case against her is that... she wrote an op-ed."
"Hard to overstate how bleak—and frankly embarrassing—it is that the Trump administration wants to jail and deport someone for speech," he continued. "In America."
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