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comment by mk
mk  ·  3360 days ago  ·  link  ·    ·  parent  ·  post: Government of the people, for the people, by the people

    Based on the public record, the Court finds that the Plaintiffs have failed to establish a sufficient factual basis to find they have standing to sue under the Fourth Amendment regarding the possible interception of their Internet communications. Further, having reviewed the Government Defendants’ classified submissions, the Court finds that the Claim must be dismissed because even if Plaintiffs could establish standing, a potential Fourth Amendment Claim would have to be dismissed on the basis that any possible defenses would require impermissible disclosure of state secret information.

:(





rob05c  ·  3360 days ago  ·  link  ·  

I would ask the court, if the Federal Government may arbitrarily declare 'secret' to nullify the Fourth Amendment, then in what scenario does the Fourth Amendment apply?

mesocratic  ·  3360 days ago  ·  link  ·  

To me this reads:

    the Court finds that the Plaintiffs have failed to establish a sufficient factual basis to find they have standing to sue under the Fourth Amendment regarding the possible interception of their Internet communications.
You don't have sufficient evidence to support this case.
    Further, having reviewed the Government Defendants’ classified submissions, the Court finds that the Claim must be dismissed because even if Plaintiffs could establish standing, a potential Fourth Amendment Claim would have to be dismissed on the basis that any possible defenses would require impermissible disclosure of state secret information.
Furthermore, even if you did have enough evidence to support the case, the defendant can't properly defend their case because doing so would disclose Secret Information (because the case would be public.)
mk  ·  3360 days ago  ·  link  ·  

That's my read as well.

You can't prove that you have been wronged, and even if you could, then we can't talk about it.

mesocratic  ·  3360 days ago  ·  link  ·  

I wonder if that last part only pertains to that court, like if this would need to be a case for a higher court, or just 'no' period.

mk  ·  3360 days ago  ·  link  ·  

I believe it's a general ruling, in that the court does not believe the evidence can be made public, in that court, or another.

alpha0  ·  3360 days ago  ·  link  ·  

Some speculation on the related HN thread is that the judge is trying to force higher courts to get involved.

alpha0  ·  3360 days ago  ·  link  ·