Government lawyers are asking the U.S. Circuit Court of Appeals in Washington to overturn a federal judge’s ruling that threatens the National Security Agency’s practice of collecting every Americans’ telephone records every day.
The Justice Department filed its notice of appeal Friday. Meanwhile, Larry Klayman, the opposing lawyer who spearheaded the case against the NSA said he will ask the appeals court to refer the case directly to the U.S. Supreme Court.
U.S. District Judge Richard Leon ruled last month that the NSA phone records program was likely unconstitutional, so the government’s appeal was expected. In a separate case, a district judge in New York last month upheld the NSA program as lawful. The American Civil Liberties Union, which lost that case, said this week it will appeal.