In Fazaga v. Federal Bureau of Investigation, Case No. 8:11-cv-00301-CJC(VBKx), 2012 WL 3327092 (C.D. Cal. Aug. 14, 2012), the court dismissed pursuant to the "state secrets privilege" the claims of three Muslim residents that the defendant conducted an indiscriminate "dragnet" investigation and gathered personal information about them and other innocent Muslim Americans in Southern California based on their religion in violation of, among other provisions, the Free Exercise Clause, Establishment Clause and Religious Freedom Restoration Act (RFRA). The court agreed with the government that three categories of information related to so-called Operation Flex were privileged under the Reynolds doctrine (United States v. Reynolds, 345 U.S. 1, 11 (1953)) and that release of the following information would compromise national security: (1) subject identification, (2) reasons for counterterrorism, and (3) sources and methods. It held that two reasons warranted terminating the case: (1) the privileged information gave the government a valid defense, and (2) even if the defense could be established without relying on privileged information, the privileged and nonprivileged information are inextricably intertwined, "such that litigating the instant case to judgment on the merits would present an unacceptable risk of disclosing state secrets."
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First Amendment and RFRA claims dismissed under state secrets privilege
- Holland & Knight LLP
- Nathan Adams
- USA
- September 7 2012
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Jennifer Miller
Senior Legal Counsel, Bankwest Business
Bank of Western Australia Ltd
