Paranoia? I don't think so...
Judges asked to dismiss wiretap suits
AT & T customers seek damages from the firm and an Islamic charity says the spying program is illegal.
By Henry Weinstein, L.A. Times, August 16, 2007
SAN FRANCISCO -- Justice Department attorneys attempted to persuade three federal appeals court judges Wednesday to dismiss two major lawsuits challenging the Bush administration's warrantless wiretapping program.The interest was so high in the unusual joint hearing that the U.S. 9th Circuit Court of Appeals provided two rooms for overflow spectators.In the first case, lawyers representing millions of AT&T customers are seeking damages from the telecommunications giant for allegedly sharing their private records with the National Security Agency as part of a massive surveillance program.In the second case, an Islamic charity asserts that the organization and two of its attorneys were illegally spied on as part of another NSA spying endeavor, called the Terrorist Surveillance Program.The two cases are among dozens filed across the country after the surveillance program was revealed in a December 2005 news story.The government is attempting to have all the cases dismissed under the "state secrets" privilege, established by the Supreme Court in 1953, that bars presentation in court of evidence that could threaten national security. However, lower court judges in both of these cases rejected the government's initial attempts to get the cases tossed.On Wednesday, Deputy Solicitor General Gregory Garre said litigating the AT&T action "could result in exceptionally grave harm to national security in the United States."Neither the government nor AT&T has admitted or denied whether the company worked with the government on a massive surveillance program. Indeed, President Bush has denied widespread warrantless domestic wiretapping but acknowledged surveillance in cases in which one of the callers is believed to have ties to Al Qaeda.
AT & T customers seek damages from the firm and an Islamic charity says the spying program is illegal.
By Henry Weinstein, L.A. Times, August 16, 2007
SAN FRANCISCO -- Justice Department attorneys attempted to persuade three federal appeals court judges Wednesday to dismiss two major lawsuits challenging the Bush administration's warrantless wiretapping program.The interest was so high in the unusual joint hearing that the U.S. 9th Circuit Court of Appeals provided two rooms for overflow spectators.In the first case, lawyers representing millions of AT&T customers are seeking damages from the telecommunications giant for allegedly sharing their private records with the National Security Agency as part of a massive surveillance program.In the second case, an Islamic charity asserts that the organization and two of its attorneys were illegally spied on as part of another NSA spying endeavor, called the Terrorist Surveillance Program.The two cases are among dozens filed across the country after the surveillance program was revealed in a December 2005 news story.The government is attempting to have all the cases dismissed under the "state secrets" privilege, established by the Supreme Court in 1953, that bars presentation in court of evidence that could threaten national security. However, lower court judges in both of these cases rejected the government's initial attempts to get the cases tossed.On Wednesday, Deputy Solicitor General Gregory Garre said litigating the AT&T action "could result in exceptionally grave harm to national security in the United States."Neither the government nor AT&T has admitted or denied whether the company worked with the government on a massive surveillance program. Indeed, President Bush has denied widespread warrantless domestic wiretapping but acknowledged surveillance in cases in which one of the callers is believed to have ties to Al Qaeda.
In response to a question from Judge M. Margaret McKeown, Garre said the government stands behind Bush's statement. However, Garre also said it was unlikely that a federal official would be willing to sign a sworn court affidavit to that effect. If the government either affirmed or denied that there was a broad surveillance program it would provide valuable information to the country's enemies, Garre suggested. Judge Harry Pregerson, a World War II veteran and the senior member of the panel, questioned whether the Justice Department was asking the judges to "rubber stamp" the Bush administration's claim that state secrets were at risk in the AT&T case. "Who decides whether something is a state secret or not?" Pregerson asked.Garre said that the judges had a role to play but that prior rulings dictate that jurists should accord "ultimate deference" to the executive branch."What does 'ultimate deference' mean? Bow to it?" Pregerson responded.
This situation shows the peril our democracy faces. Our Justice Department, headed by a notorious liar, asks Judges, sworn to uphold the law, to "just trust us on this one." Judge Harry Pregerson fought against fascists more than half a century ago to save the world from bowing down to dictators. He has every right to resist bowing down to Bush.
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