Opinion and Order, In re Motion for Publ’n of Recs.
Holding, Findings, and Matters of Law
The Court dismissed the motion for lack of jurisdiction.
Following the FISCR’s ruling in GID.CA.00013, 957 F.3d 1344, the Court held that “the FISC is not empowered by Congress to consider constitutional claims generally, First Amendment claims specifically, or freestanding motions filed by persons who are not authorized by FISA to invoke this Court’s jurisdiction.” Id. at 3. Also, “FISA does not grant the FISC jurisdiction over claims asserting a common-law right of access either.” Id. Because the “reasons why the FISCR found it unwarranted to exercise ancillary jurisdiction over the ACLU motion apply to the pending motion, the FISC is foreclosed from doing so here.” Id.
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