On Friday April 17 Judge Walker of the U.S. District Court for the Northern California District ordered the government to meet with attorneys representing the charity, Al-Haramain, and either agree on a protective order that would safeguard classified information, or submit a statement to the court detailing where they agree and cannot agree. Where there is disagreement, each party is required to state their position.
These documents must be filed by May 8. In the order Judge Walker notes that this approach was used successfully in the District Court for the District of Columbia in the Guantanamo Bay detainee cases, saying “The United States has advanced no argument that would suggest a reason why the court’s use of a protective order in instant matter modeled on those in use in the Guantanamo Bay would not adequately protect the classified information at issue here.” The Department of Justice has run out of pleas to the Circuit Court, and Judge Vaughn says “the United States should now comply with the court’s orders.”
Appeals Court Says Charity’s Challenge to Warrentless Wiretapping Can Proceed provides background information on this case.