"At Tuesday's hearing, EFF will argue that the flawed FISA
Amendments Act (FAA) improperly attempts to take away Americans'
claims arising out of the First and Fourth Amendments, violates the
federal government's separation of powers as established in the
Constitution, and robs innocent telecom customers of their rights
without due process of law. Signed by President Bush earlier this
year, the FAA allows for the dismissal of the lawsuits over the
telecoms' participation in the warrantless surveillance program if
the government secretly certifies to the court that the
surveillance did not occur, was legal, or was authorized by the
president. Attorney General Michael Mukasey filed that classified
certification with the court in September and is demanding that the
cases be dismissed."