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State Secrets Defense Rejected In Wiretapping Case

Posted by kdawson on from the come-out-into-the-light dept.

knifeyspooney writes in with an Ars Technica report that a federal judge has issued a strong rebuke to government lawyers attempting to invoke the "state secrets" defense to quash a lawsuit over warrantless wiretapping. This is not the high-profile case the EFF is bringing against the NSA; instead the case is being pursued by an Islamic charity that knows it had been wiretapped. "At times, a note of irritation crept into [Judge] Walker's even, judicial language. At one point, he described the government's argument as 'without merit,' and characterized another as 'circular.' He also seemed impatient with the Justice Department's refusal to provide any classified documents addressing Al Haramain's specific claims for review in chambers. 'It appears... that defendants believe they can prevent the court from taking any action under 1806(f) by simply declining to act,' wrote Walker."

2 of 269 comments (clear)

  1. Re:Well? by oodaloop · · Score: 0, Flamebait

    I expect that kind of half-assed reasoning from Christians, but not from slashdotters. "Well, we don't know that God exists, but he might, so we might as well assume he exists." There's not a single incident of a US citizen political dissident being sent to GITMO or even threatened to be sent to GITMO, yet every other fucking day I see people here accuse the US of doing this. For some reason, when the Bush administration is discussed hearsay and conjecture is all anyone needs.

    Here's a good run-down on detainees at GITMO:

    http://www.globalsecurity.org/military/facility/guantanamo-bay_detainees.htm

    --
    Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  2. Re:really? by hedwards · · Score: 0, Flamebait

    They definitely can be, I doubt that W is willing to admit he's wrong, and without doing that he can't pardon himself. He could theoretically end up in slam him in the ass prison. Which on some level would be a delicious bit of irony.

    In a more practical manner, I suspect that he'd either not be pardoned or that President Obama would pull a Ford and pardon him as a gesture of good will to the side of the country that lost.

    But he's definitely committed crimes, including war crimes, and he definitely could be sent to prison.