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."

Comments

Re:Is this the "charity" in question?

[Anonymous Coward]

I can see why the government would want to wiretap them.

I can't see why the government should be able to avoid the audit requirements we've set down in law (both for criminal investigation, and separately for intelligence) regarding those wiretaps.

Re:Is this the "charity" in question?

[Chris Burke]

If so I can see why the government would want to wiretap them.

Yeah? Well if the Feds had gone to the trouble to show a judge why they wanted to tap them, then they wouldn't be in this situation in the first place.

Re:Is this the "charity" in question?

[TooMuchToDo]

You can't go all "24" on someone just because. Show your cards to a judge, then do whatever is necessary. It's about time some judge bitchsmacked them with the constitution.

Re:Is this the "charity" in question?

[77Punker]

http://en.wikipedia.org/wiki/Al-Haramein

If so I can see why the government would want to wiretap them.

Then they should get a warrant, even a bullshit retroactive FISA warrant.

National Insecurity

[jerep]

The Justice Department has repeatedly sought to block the suit by invoking national security concerns.

I really don't feel secure from so much government secrecy, seems like it's their argument to everything for the past few years.

It's like saying Windows is secure because it's running secret proprietary code under the hood.

Re:Is this the "charity" in question?

[Chris Burke]

What if all the information they had about them was that lonely wikipedia page? I dont think the judge would consider it as evidence...

Too true, lol. Personally I've always maintained that their failure to seek warrants was ipso facto proof that they didn't have any decent evidence. Why would you take the risk of circumventing the law when the FISA court is ready and willing to retro-actively rubber stamp your warrant, unless you know you don't have enough to satisfy even the rubber stamper?