Court of Appeals Denies DOJ Attempt to Hide Evidence of Warrantless Wiretapping

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Friday, February 27, 2009 at 3:13 pm

A U.S. Court of Appeals for the Ninth Circuit in San Francisco today rejected the Obama Justice Department’s attempt to continue to conceal evidence of warrantless wiretapping.

As I wrote in my story today, the government filed an emergency appeal last week hoping to halt the release of documents showing that the National Security Agency, under President George W. Bush, had secretly wiretapped the Al-Haramain Islamic Foundation — a Saudi charity with an office in Oregon that the government deemed a terrorist organization and shut down. Al-Haramain and its lawyers, who claim they were also wiretapped, need the documents (which they’ve already seen because the government released it accidentally) to proceed with their lawsuit against government officials.

Today, they got a significant step closer.

The Justice Department now has to file a plan with the district court setting out how and when it will release the relevant documents, said Jon Eisenberg, a lawyer representing Al-Haramain. He said his clients may also be able to obtain access to a series of secret arguments that were filed earlier in the case, which they have not been permitted to see.

The Ninth Circuit’s refusal to consider the emergency appeal is significant because it also leaves the district court’s ruling in effect. The lower court had rejected the government’s argument that the “state secrets privilege” allows executive agencies to disregard the requirements of the Foreign Intelligence Surveillance Act.

Comments

4 Comments

Abraham Ben Judea
Comment posted February 27, 2009 @ 1:40 pm

State secrets act came about originally to protect to air force/Army maintinance records of aircraft repairs. some relatives of some deceased airmen wanted the records in order to sue, the armed forces. Decades later evidence showed that indeed there was negligence. Hence is was a cover up. Today State secrets act is used as a cover up all for all kinds of criminal acts including murder.


Excellent news on warrantless wiretapping (aka domestic surveillance) « Later On
Pingback posted February 27, 2009 @ 4:22 pm

[...] in Bush Administration, Government, Law, Obama administration at 1:22 pm by LeisureGuy The redoubtable Daphne Eviatar in the Washington Independent: A U.S. Court of Appeals for the Ninth Circuit in San Francisco today rejected the Obama Justice [...]


whinwillthisnightmareend
Comment posted March 1, 2009 @ 5:35 pm

another strike against fascism and the bush/cheney new world order. I want to see all of them frog marched to an international tribunal and into the anals of others like them (pun): Stalin and his Gulags, Hitler and his concentration camps and Bush with his Guantanamo and abu grahib. Of course it can happen here, look at the CPAC Brown Shirts screaming like the nazis they are. Marginalize them now, Immortalize the Bush name as a war criminal.


whinwillthisnightmareend
Comment posted March 2, 2009 @ 1:35 am

another strike against fascism and the bush/cheney new world order. I want to see all of them frog marched to an international tribunal and into the anals of others like them (pun): Stalin and his Gulags, Hitler and his concentration camps and Bush with his Guantanamo and abu grahib. Of course it can happen here, look at the CPAC Brown Shirts screaming like the nazis they are. Marginalize them now, Immortalize the Bush name as a war criminal.


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