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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. Remember folks... by Brandybuck · · Score: 5, Interesting

    Remember all you folks who argued for greater presidential powers: Every power you gave Bush is a power Obama now has. And ditto for you Obama fans who will be arguing the same in the next few years for your guy. Eventually there will be someone you don't like in office. There's a very good reason for limiting the power of government: malchiks and nitwits frequently find their way into office.

    --
    Don't blame me, I didn't vote for either of them!
    1. Re:Remember folks... by DrLang21 · · Score: 2, Interesting

      I never saw too many people on here arguing for greater Presidential powers. But that aside, I trust Obama with those powers a hell of a lot more than I trust Bush with them.

      --
      I see the glass as full with a FoS of 2.
    2. Re:Remember folks... by Chris+Burke · · Score: 2, Interesting

      Remember all you folks who argued for greater presidential powers: Every power you gave Bush is a power Obama now has. And ditto for you Obama fans who will be arguing the same in the next few years for your guy. Eventually there will be someone you don't like in office.

      Well I'm an Obama fan because his own and his chosen DoJ team's stances have been strongly at odds with the Bush DoJ's "creative" interpretation of the Constitution. So even though the guy I like is in office, I'll be hoping for and arguing for a reduction in executive power, thank you very much.

      Oh and I'm not expecting any miracles on that account, but I am confident that the worst abuses of Bush's executive power will not be continued.

      --

      The enemies of Democracy are
  2. Re:Well? by DrLang21 · · Score: 4, Interesting

    Has even one political dissident been sent to GITMO?

    How should we know? The DoD has never released an official complete list of names of those who are and who have been detained in GITMO, let alone a list of what they were detained for.

    --
    I see the glass as full with a FoS of 2.
  3. Is it just me? by Anonymous Coward · · Score: 2, Interesting

    Is it just me, or does

    "women are disenfranchised, then kicked out of their jobs, abortion is banned, homosexuals are stoned, writers are jailed, directors shot, dancers raped"

    sound like a conservative wishlist? I swear that Jerry Falwell was on my TV asking for these same things. Hmm..

  4. Re:whos next by SpaceLifeForm · · Score: 3, Interesting

    I'll bet he has always assumed he already was wiretapped.

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  5. Re:Ok, let me get this straight... by commodore64_love · · Score: 5, Interesting

    P.S.

    Proposed Amendment (the XXVIII)

    Any Person, regardless of rank or position, found by a State Supreme Court, State Legislature, or the Supreme Court of the United States to be committing acts in violation of this Constitution shall be charged with treason, with appropriate penalties as determined by the Congress.

    *
    * example: illegal wiretaps or searches without a judge's warrant
    * all of the persons who committed that act would be charged

    Why this proposed amendment? Because I'm tired of seeing government officials violate the Constitution and "get off" without any kind of consequences. There needs to be a deterrent, with corresponding fear of punishment, otherwise these bozos will just continue breaking Constitutional law again-and-again as if it didn't exist.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  6. Re:Well? by Maxmin · · Score: 2, Interesting

    Another list of Guantanamo detainess, compiled by NYTimes.

    --
    O lord, bless this thy holy hand grenade, that with it thou mayest blow thine enemies to tiny bits, in thy mercy.
  7. Re:really? by Anonymous Coward · · Score: 1, Interesting

    Ironically, the fact that you have created a paradox with this statement is support for this statement.

    So it turns out that logical or semantic absolutism is possible, just likely to cause paradoxes.. That's hardly news though, religions have been 'studying' this effect for millennia.

  8. Re:Well? by commodore64_love · · Score: 2, Interesting

    ALSO: "A government large enough to provide everything you need, is also a government large enough to take everything you have." - Thomas Jefferson, founder of the Democrats

    The party certainly has strayed far from its founder's original ideals (small government, individual independence, minimal taxation).

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall