Watching US Government since Obama took over, I would rather imagine US gov going after archive.org, first nicely sending C&D, then with help of IRS thoroughly auditing all archive.org employees' files, then if that doesn't help, ask DHS and take over their site and plaster it with nice eagle logo with "DHS seizure" notice on it.

Edit: oh yes we are still in country of freedom and democracy. Archive.org would be welcomed to sue the government; you guys just prepare yourself for couple years of tough fight and make sure you got couple mil in bank for legal fees; oh and of course you cannot operate your site until you get the judgment that you were right and we were wrong, but even then we will appeal and after another couple years, IF and IF supreme court decides on case against us, then we will still put the file under internal "review" (read: put it on hold for couple more years) and then what are you going to do?? Its not like Eric Holder will prosecute... Enric Holder to release your domain back to you.

You may file to your hearts content but what is likely to come of it?