Court deals near-fatal blow to warrantless wiretap lawsuit

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  • scamper
    Commando
    • May 2005
    • 1073

    Court deals near-fatal blow to warrantless wiretap lawsuit

    Court deals near-fatal blow to warrantless wiretap lawsuit
    By PAUL ELIAS Associated Press Writer
    Article Last Updated: 11/16/2007 11:02:28 AM PST

    SAN FRANCISCO—A federal appeals court dealt a near-fatal blow Friday to an Islamic charity's lawsuit over alleged illegal wiretapping by federal investigators, ruling the case can't go forward because a key piece of evidence is protected as a state secret.

    The 9th U.S. Circuit Court of Appeals ruled unanimously that a top-secret call log obtained by lawyers for the Oregon-based U.S. arm of the Al-Haramain Islamic Foundation can't be used as evidence. Lawyers for the Bush administration had argued the government would be forced to reveal sensitive "state secrets" if the lawsuit were allowed to proceed.

    The document, described by those who have seen it as a National Security Administration log of calls intercepted between the now-defunct Al-Haramain and its American lawyers, was accidentally turned over to Al-Haramain's lawyers by the U.S. Treasury Department.

    Al-Haramain, which was labeled by the U.S. government as a terrorist organization, alleged the document proved it had been illegally wiretapped without a warrant.

    But without the document, the court said, the foundation has little proof it was wiretapped and can't sue.

    The charity's lawyers voluntarily turned over the document to FBI agents after the mistake was discovered. But a lower court ruled that the lawyers couldn't use the actual document to support their lawsuit but could use their memories of its contents to go forward.

    The appeals court said that ruling was "a commendable effort to thread the needle," but still ran counter to the state secrets law, which precludes the disclosure of sensitive information in court that could jeopardize national security.

    "Such an approach countenances a back door around the privilege and would eviscerate the state secret itself," Judge M. Margaret McKeown wrote for the unanimous three-judge panel. "Once properly invoked and judicially blessed, the state secrets privilege is not a half-way proposition."

    But the appeals court did keep the lawsuit alive, if barely, by sending the lawsuit back to a trial court in Portland, Ore., to determine if the law governing the wiretapping of suspected terrorists trumps the state secrets law.

    The charity had also argued that warrantless eavesdropping of telephone conversations between its directors and lawyers violated the Foreign Intelligence Surveillance Act, which established a secret court to issue top secret surveillance warrants authorized by a judge.

    The appeals court said that "the FISA issue remains central to Al-Haramain's ability to proceed with this lawsuit."

    The court has yet to rule on a related lawsuit that broadly challenges the Bush administration's warrantless wiretapping program.

  • Jim Shetterlini
    Head Fluffer
    • Aug 2007
    • 381

    #2
    I still have not been wiretapped. You know how I know this? I don't communicate with radical islamic fuckholes oversees!

    Comment

    • FORD
      ROTH ARMY MODERATOR

      • Jan 2004
      • 58754

      #3
      Originally posted by Jim Shetterlini
      I still have not been wiretapped. You know how I know this?
      You don't. And that should be of great concern to you, and to every American.
      Eat Us And Smile

      Cenk For America 2024!!

      Justice Democrats


      "If the American people had ever known the truth about what we (the BCE) have done to this nation, we would be chased down in the streets and lynched." - Poppy Bush, 1992

      Comment

      • Jim Shetterlini
        Head Fluffer
        • Aug 2007
        • 381

        #4
        Originally posted by FORD
        No need to worry Jimbo. IT should be of great concern to every traitor that communicates overseas with people that want to do harm to this country .
        Right on FORD>>>> We are seeing eye to eye now. Let's have a drink since it is almost happy hour.

        Comment

        • LoungeMachine
          DIAMOND STATUS
          • Jul 2004
          • 32555

          #5
          Originally posted by Jim Shetterlini
          I still have not been wiretapped. You know how I know this? I don't communicate with radical islamic fuckholes oversees!

          oversees what?


          Know how I know you've never been wiretapped?








          You've never attended a democratic caucus, an anti-war rally, or donated to DCCC, Moveon,org, or the ACLU


          Originally posted by Kristy
          Dude, what in the fuck is wrong with you? I'm full of hate and I do drugs.
          Originally posted by cadaverdog
          I posted under aliases and I jerk off with a sock. Anything else to add?

          Comment

          • Jim Shetterlini
            Head Fluffer
            • Aug 2007
            • 381

            #6
            LMMFAO!!!! God damn it's Friday and time to enjoy myself a little bit! that was great... I'm serious when I say this.....you make me laugh!

            Thanks for the heads up btw!

            Comment

            • Blackflag
              Banned
              • Apr 2006
              • 3406

              #7
              Originally posted by Jim Shetterlini
              I still have not been wiretapped. You know how I know this? I don't communicate with radical islamic fuckholes oversees!
              Is Oregon "oversees?" Read the article, sheep.

              Comment

              • Jim Shetterlini
                Head Fluffer
                • Aug 2007
                • 381

                #8
                Originally posted by Blackflag
                Is Oregon "oversees?" Read the article, sheep.
                I did!: See "terrorist organization". Organization with ties oversees whom were probably talking to the "charity" groups' lawyers.

                Read and comprehend article. Don't just take the dose of media that is being fed to you: SHEEEP! Wake up!!!!!!!!!!!

                Comment

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