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Government Seeks Dismissal of Spy Suit

The Wired blog 27B Stroke 6 is carrying the news that the US has filed a motion to drop the case the ACLU won in lower court against the government's warrantless wiretapping program. The government's appeal of that ruling will be heard on Wednesday, January 31 in front of the Sixth Circuit court of appeals. The feds argue that the case is now moot because they are now obtaining warrants from the FISA court, and furthermore President Bush did not renew the warrantless program. Turns out there's a Supreme Court precedent saying that if you were doing something illegal, get taken to court, and then stop the illegal activity, you're not off the hook. The feds argue in their petition that this precedent does not apply to them. Here is the government's filing (PDF).

3 of 135 comments (clear)

  1. Re:So lets see if I have this chain of events righ by nietsch · · Score: 5, Interesting

    So you say that because the republican part of your olichargy holds more than 1 third of the seat (one of them always will in your two party system) the president can order the gouvernment all illegal things he likes, because congress could never impeach him.
    So how are your militias going? It is time to feed the tree of freedom, and I nominate every congrescritter that opposes impeaching BabyBush.

    --
    This space is intentionally staring blankly at you
  2. If they win by Hennell · · Score: 5, Interesting

    would this mean that all file sharing would be fine, as long you delete your file sharing software and promise to not do it anymore if they try to prosecute you?

  3. Re:So lets see if I have this chain of events righ by misanthrope101 · · Score: 4, Interesting

    Yeah, even without watching the news I know that the Democrats must've won an election somewhere, because all of a sudden I'm seeing that Jefferson "tree of liberty" patriot quote again. Odd that imprisonment without trial+torture+warrantless surveillance=absolute indifference, but now all of a sudden sweet liberty is being gang-raped by a D congress. I know that isn't your point and you were being satirical. just got me thinking about something I haven't seen since Clinton was in office--Republicans saying that government is dangerous to freedom. I know they're lying and they don't actually believe it, but it's funny to hear it again all of a sudden. Brings me back to my days of furiously reading James Bovard and thinking that Randy Weaver and Waco had convinced the Republicans that you shouldn't trust government. Yeah, I was stupid.