Sen. Rand Paul's class-action lawsuit against President Barack Obama and the National Security Agency for the bulk collection of Americans' phone records has little chance of succeeding, Fox News legal analyst Lis Wiehl says.
"The basic problem I see with it is making it a class-action suit. How do you show that the NSA collected metadata from each person in the potential class?" Wiehl told "The Steve Malzberg Show" on Newsmax TV.
"That fact is going to be a very hard thing to show, and provides the judges with an opportunity to decide the case without even touching on the merits of the case. So, the class-action suit is really the Achilles heel to this one.
"I understand Sen. Paul is incensed about this and upset and all of that, but I'm not sure that class action was the way to go," she said Wednesday.
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Wiehl, author of the thriller novel "Snapshot,"
said a class-action filing must show that "every person in that class" was actually affected.
"You have to show those kinds of facts, and that's going to be very hard – or wants to be in the class, for example," she said.
"Even if your metadata was swept up somehow, you may not want to be in the class. You have to opt out of the class. I'm frankly confused as to why he's a class action other than it sounds good for sound bites and for television, but I'm not sure if it makes a lot of sense legally."
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