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State Secrets Defense Rejected In Wiretapping Case

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."

10 of 269 comments (clear)

  1. whos next by He+who+knows · · Score: 5, Funny

    I bet the judge is going to be wiretapped now.

  2. Ok, let me get this straight... by orzetto · · Score: 5, Funny

    ... so first we have a president whose second name is Hussein, and now Muslims are bringing freedom to America?

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    1. Re:Ok, let me get this straight... by 77Punker · · Score: 4, Funny

      I welcome Muslims to America, especially if they bring shawarmas and hashish.

  3. Re:Is this the "charity" in question? by truthsearch · · Score: 4, Funny

    Why not? Wikipedia is infallible. It's not like just anyone can go and edit it.

  4. Re:National Insecurity by philspear · · Score: 5, Funny

    No, don't you see?!? Terrorists are a forgetful bunch. If the courts order the feds to turn over their wiretaps, the terrorists are going to read the conversations they've had and will enact their dastardly, forgotten plans!

    "Oh man! I totally forgot Osama wanted me to blow up that bridge! Thank you, NSA, for reminding me!"

    It is essential for national security that we not release the tapes so the terrorists aren't reminded! We have to keep their plans secret from them! /joke

  5. Re:Is this the "charity" in question? by Ethanol-fueled · · Score: 4, Funny

    Fed 1: "Oh shit! I just accidentally emailed the secret call logs to info@al-haramein.com!"
    Fed 2: "Aren't they that outfit who collects used clothing for inner-city youths?"
    Fed 1: "Yeah, but you know. Their names sounds terroristy, plus how else are we going to justify our budget to the intelligence committee?
    Fed 2: "Crap. Well, go make a Wikipedia page about them. Make it real scary. Lotsa bad guys, and make the UN hate 'em too. And put 'Al Qaeda' in there too, for good measure."
    Fed 1: "Man, if the boss finds out about this..."
    Fed 2: "Chill out, man. We're omnipotent. We'll just tell CNN and Fox News to stay quiet and everybody will forget about it as the next news cycle rolls around."
    Fed 1: "Good plan, chief. What could possibly go wrong?"

  6. Re:really? by truthsearch · · Score: 5, Funny

    George W. Bush:

    Great president?

    Or greatest president?

    ...

    Ok, I'll put you down for "great'.

  7. Re:National Insecurity by philspear · · Score: 5, Funny

    You know... it's always disturbing to me when my jokes get modded insightful, or when my serious posts get modded funny.

  8. Re:Consider the litigant by MrNaz · · Score: 4, Funny

    Yea, those Muslims keep getting preferential treatment these days. Damn them and their powerful lobby groups.

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    I hate printers.
  9. Re:National Insecurity by ScrewMaster · · Score: 4, Funny

    Was that meant to be sad world-weariness or wry irony? You need to be clearer! I don't know whether to mis-moderate you Funny or Insightful!

    I believe you meant "misundermoderate."

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    The higher the technology, the sharper that two-edged sword.