Sen. Rand Paul Seeks Cert. in NSA Data Collection Class Action Lawsuit

A motion to certify “the class of victims (all users of telephones)” in the National Security Agency (NSA) data collection class action lawsuit has been filed in federal court by Senator Rand Paul of Kentucky.

Senator Paul and the conservative group FreedomWorks Inc. filed the class action lawsuit in February, alleging that the NSA violated the Fourth Amendment of the U.S. Constitution by illegally collecting and storing telephone data of American citizens. The class action lawsuit stems from the notorious series of “leaks” made by former NSA contractor Edward Snowden in May of 2013. Senator Paul named the Director of National Intelligence James Clapper, the Director of the National Security Agency and Chief of the Central Security Service Keith Alexander, and the Director of the Federal Bureau of Investigation James Comey Jr., as well as President Barack Obama as defendants in the complaint. Senator Paul alleged that the NSA’s tracking program “has not stopped or been instrumental in stopping even one imminent international terrorist attack, or otherwise assisted [government officials] in achieving any time-sensitive objective.”

In his motion filed on Tuesday, Sen. Paul requested the court certify a class including “[a]ll persons who made or received a cellular/wireless or terrestrial/landline telephone call that originated and/or terminated in the United States after May 2006.” In the accompanying memo, Sen. Paul alleges “Defendants seize, store, retain and routinely search telephone metadata related to every telephone call in, to and from the United States made or received by Plaintiffs and the class pursuant to the Mass Associational Tracking Program (‘MATP’) under the auspices of section 215 of the Patriot Act, 50 U.S.C. 1861.” The memo also argues “[t]he Fourth Amendment to the United States Constitution protects the people from unreasonable searches and seizures, and requires that warrants be judicially sanctioned and supported by probable cause,” and “[t]his dragnet collection of personal and private information is the exact opposite of the type of particularity called for in by Fourth Amendment.”

Sen. Paul claims redress is available for “violations of the Fourth Amendment, including: (1) a declaration that the Mass Associational Tracking Program is unconstitutional; (2) an injunction forbidding the government from continuing the MATP; and (3) an order to the Defendants to purge from its MATP databases all of the telephone metadata related to the communications of Plaintiffs and class members” in the memo. Sen Paul argues certification of the class action lawsuit is appropriate “[b]ecause Defendants have acted on grounds that apply generally to all telephone users in the United States, and because the injunctive and declaratory relief sought is appropriate respecting the class as a whole.”

The plaintiffs are represented by Earl “Trey” Mayfield and Michael P. Lewis of The Lewis Firm PLLC and by Kenneth T. Cuccinelli of Cuccinelli & Associates LLC.

The NSA Data Collection Class Action Lawsuit is Rand Paul, et al. v. Barack H. Obama, et al., Case No. 1:14-cv-00262, in the U.S. District Court for the District of Columbia.