JEWEL v. NATIONAL SEC. AGENCY

No. 15-16133.

810 F.3d 622 (2015)

Carolyn JEWEL; Erik Knutzen; Joice Walton, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and, Tash Hepting; Gregory Hicks, Plaintiffs, v. NATIONAL SECURITY AGENCY; Keith B. Alexander, Director, in his official and personal capacities; Michael V. Hayden, in his personal Capacity; United States of America; George W. Bush, President of the United States, in his official and personal capacities; Richard B. Cheney, in his personal capacity; David S. Addington, in his personal capacity; Department of Justice; Alberto R. Gonzales, in his personal capacity; John D. Ashcroft, in his personal capacity; John M. McConnell, Director of National Intelligence, in his official and personal capacities; John D. Negroponte, in his personal capacity; Michael B. Mukasey, Attorney General; Barack Obama; Eric H. Holder, Jr., Attorney General; Dennis C. Blair, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2015.


Attorney(s) appearing for the Case

Richard R. Wiebe (argued), Law Office of Richard R. Wiebe; Cindy A. Cohn , Lee Tien , Kurt Opsahl , James S. Tyre , Mark Rumold , Andrew Crocker , Jamie L. Williams , and David Greene , Electronic Frontier Foundation; Rachael E. Meny , Michael S. Kwun , Audrey Walton-Hadlock , Benjamin W. Berkowitz , Justina K. Sessions , and Philip J. Tassin , Keker & Van Nest, LLP, San Francisco, CA; Thomas E. Moore III , Royse Law Firm, PC, Palo Alto, CA; Aram Antaramian , Law Office of Aram Antaramian, Berkeley, CA, for Plaintiffs-Appellants.

Henry C. Whitaker (argued), Douglas N. Letter , and H. Thomas Byron III , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Defendants-Appellees.

Before: MICHAEL DALY HAWKINS, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.


OPINION

This appeal is the second trip to our court for a group of plaintiffs in their long-running statutory and constitutional challenges to government surveillance programs. In the last appeal, we reversed the district court's dismissal of all claims on standing grounds...

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