FBI informant inserts himself (perhaps literally, sad to say) into Orange County, Calif. Muslim community, records all interactions (including some to which he was not a party) with a variety of hidden recording devices. He begins to ask pointed questions about jihad and violence. Community members alert the authorities. Can they sue the FBI for unconstitutional searches, religious discrimination? District court: Most of the claims rely on intelligence that could significantly compromise national security if disclosed, so those are dismissed. Ninth Circuit: That’s not how the state-secrets privilege works, as “such an approach would constitute judicial abdication.” Some of the claims can go.
