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NSA在律师调查知道暗中侦察是非法的，衣服充电
星期三， 2007年7月11日
由 赖安Singel 质询美国人的NSA的warrantless窃听二位律师政府的监视部分发生了在最高机密的节目经营，不用布什政府的自己的司法部的认同的期间，根据一个最近被归档的法院文件。 诉讼，以著名 AlHaramain对 美国是仅一个超过50个挑战到节目，原告声称有 证明他们是目标 warrantless暗中侦察，根据简要地提供了给他们在政府文书工作情况混乱的一个最高机密的文件。 为那个原因，诉讼已经看了作为最抗性对政府努力保护节目。 指控某些监视发生了，当节目未由司法部批准也许进一步使政府的防御复杂化。 “分开我们的监视发生了，当检察长劝告总统节目是非法的”，说原告律师Jon Eisenberg。 “剥夺他们防御他们不知道它是非法的”。 根据在2004年3月10日，高级司法部律师和白宫官员今年初采取的，国会证词在加护病房举行了紧张的摊牌在NSA暗中侦察的节目在然后律师将军约翰Ashcroft床边。 因为白宫扰乱扭捏节目适应Ashcroft的需要， Ashcroft的决心留下总统的节目，不用认同司法部的邮票大约二个星期。 律师在AlHaramain盒言原告在3月和4月被暗中了侦察2004年，在包含那个两星期空位期的期间。 在星期五已经严密观看， AlHaramain盒变得更加重要对民用自由意志论者，当美国。 第6联邦上诉法院 遣散 一个分开的挑战由ACLU，发现新闻工作者和律师起诉没有“站立”起诉政府，因为他们没有证据他们由NSA具体地窃听。 While non-binding on other federal appeals courts, the 2-1 decision casts doubt on the prospects of the more than 50 suits against the government and telecoms now consolidated in federal courts in California, and gives the issue of standing new prominence. According to the decision, Americans can’t sue to stop the secret government program unless they can prove they were secretly spied on. And since the program is classified, potential litigants have no recourse to get that proof from the government through legal process. Plaintiffs Wendell Belew and Asim Ghafoor may be the only Americans capable of clearing that substantial legal hurdle. The two American attorneys worked with the al-Haramain Islamic Foundation in 2004 when the Ashland, Oregon-based charity was under federal investigation for ties to terrorism. Belew was one of several lawyers trying to keep al-Haramain off a U.S. Treasury Department watch list — an effort that sent much paperwork flying back and forth between the attorneys and the Treasury Department’s Washington D.C. headquarters across the street from the White House. In August 2004, a Treasury Department official accidentally included a classified log of Belew and Ghafoor’s conversations with Soliman al-Buthi, a Saudi-based director for the charity. The FBI later retrieved copies of the documents from the charity’s lawyers and a Washington Post reporter, but copies sent overseas to charity directors were never recovered. Lawyers for Belew and Ghafoor re-obtained a copy of the document shortly after The New York Times revealed the existence of the spying program, and then filed suit in 2006. The document is now being held in a secure facility in San Francisco. For its part the government admits that it accidentally turned over the very secret file to the charity’s lawyers, but argues that the case should be dismissed because the very nature of lawsuit involves “state secrets.” The Justice Department also argues that the phone log could have been created by wiretap approved by a secret court or by a foreign government. An Oregon district court judge disagreed with the government and allowed the case to proceed. The government’s appeal of that decision will be heard on Aug. 15 in the U.S. 9th Circuit Court of Appeals in San Francisco. The government will also be arguing that day for the dismissal of a high-profile lawsuit against AT&T by the Electronic Frontier Foundation for the telecom’s alleged illegal cooperation in the spying. In the wake of the 6th Circuit decision, the fate of civil libertarians’ challenge to the spy program may rest on the a-Haramain case, according to Eisenberg. “We’re the last case? standing,” Eisenberg says. “If we aren’t permitted to show standing, no one will be.” Have Your Say: NSA Snooped on Lawyers Knowing Spying Was Illegal, Suit Charges Please read our posting guidelines before posting. Alternatively you can discuss this report here. Related News
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