The Al-Haramain Islamic Foundation is a Muslim charity that operates in more than fifty countries. In connection

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The Al-Haramain Islamic Foundation is a Muslim charity that operates in more than fifty countries. In connection with a proceeding to determine whether the foundation had ties to al Qaeda, the U.S. Department of Treasury inadvertently included a classified document among the information turned over to the foundation. The document revealed that foundation communications had been monitored under a federal warrantless surveillance program established in the wake of the September 11, 2001 terrorist attacks. Based on the contents of the classified document, the foundation filed suit in federal court against the U.S. government alleging several violations of federal law. The U.S. government claimed that the document was protected by the state secrets doctrine. The courts agreed and prohibited the foundation from using both the document and its contents as part of its case absent a showing that other federal law preempts the state secret privilege protection. (The issue of whether the Foreign Intelligence Surveillance Act preempted the state secrets doctrine was remanded to district court.) If the document and the information it contained are off limits, and without any other evidence that the foundation was an actual subject of the federal surveillance program, does the foundation have standing to sue?

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