A federal judge has rebuffed the Obama administration’s latest attempt to defend illegal Bush-era eavesdropping, ruling that a now defunct US Islamic charity, Al-Haramain, and two of its lawyers are entitled to money damages because government agents failed to obtain a warrant before tapping their phones.
Apr 06 2010
Apr 06 2009
Obama Administration Embraces Bush Position on Warrantless Wiretapping and Secrecy
Says Court Must Dismiss Jewel v. NSA to Protect ‘State Secrets’
San Francisco – The Obama administration formally adopted the Bush administration’s position that the courts cannot judge the legality of the National Security Agency’s (NSA’s) warrantless wiretapping program, filing a motion to dismiss Jewel v. NSA late Friday.
n Jewel v. NSA, the Electronic Frontier Foundation (EFF) is challenging the agency’s dragnet surveillance of millions of ordinary Americans. The Obama Justice Department claims in its motion that litigation over the wiretapping program would require the government to disclose privileged “state secrets.” These are essentially the same arguments made by the Bush administration three years ago in Hepting v. AT&T, EFF’s lawsuit against one of the telecom giants complicit in the NSA spying.
Feb 03 2009
The new Attorney General, confirmed just the other day, Eric Holder, gave some written answers to Senator Russ Feingold concerning the latter’s questions regarding review of Bush administration policies concerning promulgation of “secret laws” and claims of “state privilege” in legal cases. I’m reproducing the exchange by Holder and Feingold, as it bears upon significant pending issues, not least the Jeppesen and al-Haramain cases.