FBI claims secret evidence trumps religious discrimination charges in domestic spying case
to get more information. The FBI dubbed the surveillance program “Operation Flex”—a nod to Monteilh’s strategy of using workout tips to befriend young Muslim men.
“There are a number of intermediate options between ‘the case can’t go forward’ and ‘everyone gets to see everything,’” says David Pozen, a law professor at Columbia University and expert on government secrecy. The federal bill would have made it so only the judge could see evidence in some cases; in others, the plaintiffs’ counsel could see the evidence with a security clearance and the requirement that they could not take it home.
The FBI stood firm on their need for certain information to stay private. “There is no halfway solution. The state secrets privilege must prevail even if it means harsh medicine,” said Joseph Busa, a lawyer representing the FBI. Meanwhile, the plaintiffs’ and their Muslim communities in Southern California, remain shaken by the informant’s breach of trust.
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