[kneisley]

I'm pretty sure the government can, and would, even go a step further and order that the language be left in the next filing, and even arrange written (and of course sealed) immunity for doing so. I certainly can't imagine that SEC reporting will ever be an effective roadblock to what the government considers national security.

[jahewson]

True, but the government would at least have to go to a judge to get such an order, which is not guaranteed to be granted. We can hope...

[kneisley]

The normal IANAL applies, but I think that once the gag order has been granted, the rest is just details, and is left to FISA as the presiding court. If the argument that the court has agreed with thusfar is: "saying that this action exists harms national security", then why would a judge tell them that when asked directly, they must lie, but then permit them to not lie by omitting a key line in a filing? To answer your specific point, I just don't think there is another court to take this to.