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AL-HARAMAIN ISLAMIC FOUNDATION, INC. v. BUSH

No. 06-36083.

507 F.3d 1190 (2007)

AL-HARAMAIN ISLAMIC FOUNDATION, INC., an Oregon Nonprofit Corporation; Wendell Belew, a U.S. Citizen and Attorney at Law; Asim Ghafoor, a U.S. Citizen and Attorney at Law, Plaintiffs-Appellees, v. George W. BUSH, President of the United States, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 16, 2007.

Attorney(s) appearing for the Case

Paul D. Clement, Solicitor General, Gregory G. Garre, Deputy Solicitor General, Daryl Joseffer, Assistant to the Solicitor General, Washington, DC; Peter D. Keisler, Assistant Attorney General, and Douglas N. Letter, Thomas M. Bondy, Anthony A. Yang, Appellate Staff, Civil Division, Washington, DC, for the defendants-appellants.

Jon B. Eisenberg, William N. Hancock, Eisenberg and Hancock LLP, Oakland, CA; Lisa R. Jaskol, Los Angeles, CA; Thomas H. Nelson, Zaha S. Hassan, Thomas H. Nelson & Associates, Welches, OR; Steven Goldberg, Portland, OR; J. Ashlee Albies, Law Offices of J. Ashlee Albies, Portland, OR, for the plaintiffs-appellees.

Before: HARRY PREGERSON, HAWKINS, and M. MARGARET McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

Following the terrorist attacks on September 11, 2001, President George W. Bush authorized the National Security Agency ("NSA") to conduct a warrantless communications surveillance program. The program intercepted international communications into and out of the United States of persons alleged to have ties to Al Qaeda and other terrorist networks. Though its operating parameters remain murky, and certain details may forever remain so, much...

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