Al-Haramain Islamic Foundation v. Barack Obama

OPINION

McKEOWN, Circuit Judge:

This case, which comes before us a second time, is one of many related to the United States government’s Terrorist Surveillance Program, a program that “intercepted international communications into and out of the United States of persons alleged to have ties to A1 Qaeda and other terrorist networks.” Al-Haramain Islamic Found. v. Bush (“Al-Haramain I ”), 507 F.3d 1190, 1192 (9th Cir.2007). In the previous appeal, we determined that “the state secrets privilege d[id] not bar the very subject matter of th[e] action” and remanded to the district court to consider,…