Note the question is IF [whether or not] these specific people WERE monitored. I THINK this means the suit is to determine if they (specific people - Hitchens apparently included) were monitored. Now Gore has just called for a Special Prosecutor. I think the attempt is going to be made to subpoena NSA records to see if these people were monitored. If the complaint reads as the article says, the plaintifffs will lose on a motion for summary judgement. The courts will not pierce national security secrecy based on a published allegation.