AMERICAN CIVIL LIBERTIES UNION v. NATIONAL SECURITY AGENCY

No. 06-CV-10204.

438 F.Supp.2d 754 (2006)

AMERICAN CIVIL LIBERTIES UNION; American Civil Liberties Union Foundation; American Civil Liberties Union of Michigan; Council on American-Islamic Relations; Council on American Islamic Relations Michigan; Greenpeace, Inc.; National Association of Criminal Defense Lawyers; James Bamford; Larry Diamond; Christopher Hitchens; Tara Mckelvey; And Barnett R. Rubin, Plaintiffs, v. NATIONAL SECURITY AGENCY / Central Security Service; and Lieutenant General Keith B. Alexander, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service, Defendants.

United States District Court, E.D. Michigan, Southern Division.

August 17, 2006.


Attorney(s) appearing for the Case

Ann Beeson, New York City, Jameel Jaffer, New York City, Kary L. Moss, Detroit, MI, Michael J. Steinberg, Detroit, MI, Margaret A. Costello, Detroit, MI, for plaintiffs.

Andrew Tannenbaum, Washington, DC, Anthony J. Coppolino, Washington, DC, Saul A. Green, Detroit, MI, Larry J. Saylor, Detroit, MI, Hugh M. Davis, Jr., Detroit, MI, Richard A. Samp, Washington, DC, for defendants.


MEMORANDUM OPINION

ANNA DIGGS TAYLOR, District Judge.

I. Introduction

This is a challenge to the legality of a secret program (hereinafter "TSP") undisputedly inaugurated by the National Security Agency (hereinafter "NSA") at least by 2002 and continuing today, which intercepts without benefit of warrant or other judicial approval, prior or subsequent, the international telephone and internet communications of numerous persons and...

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