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Judge Orders Release of Warrantless Surveillance Documents
Judge orders action on spying documents
By Pete Yost, Associated Press Writer | February 16, 2006
WASHINGTON --A federal judge dealt a setback to the Bush administration on its warrantless surveillance program, ordering the Justice Department on Thursday to release documents about the highly classified effort within 20 days or compile a list of what it is withholding.
U.S. District Judge Henry Kennedy said a private group will suffer irreparable harm if the documents it has been seeking since December are not processed promptly under the Freedom of Information Act.
The Justice Department failed to meet the time restraints under FOIA and failed to make a case that it was impractical to deal quickly with the request by the Electronic Privacy Information Center.
Justice Department spokesman Charles Miller said no determination has been made as to what the government's next step will be.
At a court hearing a week ago, Justice Department lawyer Rupa Bhattacharyya said the government would respond starting March 3, but she said she had no information on when the process might be completed.
Timing will depend on complexity, "and in this case there are a lot of complexities," Bhattacharyya said.
Kennedy wrote that "courts have the authority to impose concrete deadlines on agencies that delay the processing of requests meriting expedition."
Routine FOIA requests are to be handled within 20 days while expedited requests have no set time limit under the law, prompting the Justice Department to take the position that the amount of time for expedited requests could be longer than that for the routine 20-day handling.
"Congress could not have intended to create the absurd situation" enabling the government to unilaterally exceed the standard 20-day period, Kennedy wrote.
© Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
By Pete Yost, Associated Press Writer | February 16, 2006
WASHINGTON --A federal judge dealt a setback to the Bush administration on its warrantless surveillance program, ordering the Justice Department on Thursday to release documents about the highly classified effort within 20 days or compile a list of what it is withholding.
U.S. District Judge Henry Kennedy said a private group will suffer irreparable harm if the documents it has been seeking since December are not processed promptly under the Freedom of Information Act.
The Justice Department failed to meet the time restraints under FOIA and failed to make a case that it was impractical to deal quickly with the request by the Electronic Privacy Information Center.
Justice Department spokesman Charles Miller said no determination has been made as to what the government's next step will be.
At a court hearing a week ago, Justice Department lawyer Rupa Bhattacharyya said the government would respond starting March 3, but she said she had no information on when the process might be completed.
Timing will depend on complexity, "and in this case there are a lot of complexities," Bhattacharyya said.
Kennedy wrote that "courts have the authority to impose concrete deadlines on agencies that delay the processing of requests meriting expedition."
Routine FOIA requests are to be handled within 20 days while expedited requests have no set time limit under the law, prompting the Justice Department to take the position that the amount of time for expedited requests could be longer than that for the routine 20-day handling.
"Congress could not have intended to create the absurd situation" enabling the government to unilaterally exceed the standard 20-day period, Kennedy wrote.
© Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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