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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."
fucking finally
http://en.wikipedia.org/wiki/Al-Haramein
If so I can see why the government would want to wiretap them.
People who bite the hand that feeds them usually lick the boot that kicks them
Its good to see checks and balances, checking and balancing.
Just the fact that things are being reviewed does the constitution good.
Think Deeply.
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.
Do you D?
I think it has more to do with standing. These people know that they had been wiretapped (apparently the feds accidentally gave them a copy of the call logs, lol). The EFF doesn't know who has been wiretapped, I'm not sure they have direct proof that anybody has been, so their case is much more difficult.
The enemies of Democracy are
I bet the judge is going to be wiretapped now.
... so first we have a president whose second name is Hussein, and now Muslims are bringing freedom to America?
Victims of 9/11: <3000. Traffic in the US: >30,000/y
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!
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.
If the liberals of this country made it possible for Islam to spread and then take over the USA, then watch all of their progress evaporate as women are disenfranchised, then kicked out of their jobs, abortion is banned, homosexuals are stoned, writers are jailed, directors shot, dancers raped, just like, well, every other country where Islam has taken over.
It would be even funnier if we fight to maintain the checks and balances built into our system of government. Then Islam can spread to everyone who wishes to practice it and none of the things you describe will happen.
If any religion could do that in a modern progressive democratic state, the fundies in the States would have done it already. And in fact, in the case of the stuff about abortion, gays and women you mentioned, the religious right have already tried.
The reason they failed is that countries that have high standards of living, high literacy rates, free elections and judicial oversight of the government don't allow that shit.
Find me an example of such a country that does the stuff you mentioned. Go on, just one. Iran? Syria? Afghanistan? Come on, those are backwaters. Yeah, some of them may have wealth (oil wealth in the hands of the few for the most part), but that isn't a good barometer for civil liberty.
None of them have free elections, none of them have governments that are answerable to the courts. Nor have they ever in most cases, and in fact, the times in the past where they've been freer than in the present, were also times when the religious loonies were sidelined by the moderates (Iran is a good example of this).
It wouldn't matter if every single religious nutjob in the States changed from Christian to Muslim. They'd be the same assholes they are now, and they'd fail just as miserably to bring about the theocracy your post details. It's not the faith that matters, it's the environment in which it's practised.
Erotic is when you use a feather. Exotic is when you use the whole chicken.
only enemy combatants detained overseas and their affiliates are in GITMO
http://en.wikipedia.org/wiki/Jose_Padilla_(prisoner) They did try to send an American citizen, not in the military, arrested in the US, to Gitmo. He was held as an "enemy combatant" for 3.5 years before civil liberties groups got him a trial. I'm not saying I'm sad he is in jail (he was later found guilty), and I'm really not a conspiracy theorist, but it wouldn't be hard to believe there was at least one US citizen that they arrested in the US and sent to Gitmo without anyone noticing.
As it is, even with the press aware of this guy's situation, he sat in jail for 3.5 years without being charged with a crime. A US citizen, arrested in the US by the US government. That doesn't creep you out at all?
Yea, those Muslims keep getting preferential treatment these days. Damn them and their powerful lobby groups.
I hate printers.
The government doesn't fear the people because the people are all idiots. They vote based on what the government will "give" them. The only thing they fear is losing their government checks.
So, until this changes, or people get smart enough to ... you know ... stop voting based upon who is going to give them the most, (or alternatively taking from others more "rich"), it isn't going to change.
I don't fear wiretaps, I fear idiot constituents who are willing to screw me over to feel better about themselves.
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
You wouldn't know if a US citizen was sent to gitmo.
First - the military controls what names appear on their lists. Who is to say they couldn't send a US citizen to gitmo and list them under the name of a wanted Moroccan?
Second - the Bush(jr) administration is an easy target for conjecture since they have a history of erosion of civil liberties and are one of the most secretive administrations about national security matters.
Third - perhaps you haven't heard of extraordinary rendition. There is nothing to say the federal government couldn't 'disappear' someone if they wanted to. If you need any evidence, look at the Maher Arar case where a Canadian was intercepted at JFK international, rendered to Syria by the CIA and tortured in Syria. If the US had sufficient cause, they could do this to an American. If its done in secret and can't even be challenged in a court of law, how do you know the "sufficient cause" bar hasn't been lowered?
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/19/AR2007101900835_pf.html
The law must be reviewed, executed and challenged under the light of day or it will slowly erode our liberty.
You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.