Reply #331: Wait a minute

[Marie26]

You're seriously backing up the DOJ's asinine argument here? You're saying that there's no way a citizen can sue the government for Constitional violations? That the Executive branch can just decide to violate the First or Fourth Amend. & are immune from suit because they say so? That's a very dangerous precedent to set. Besides which, the U.S. statutory law specifically allows citizens to sue the U.S. gov. for FISA violations. The DOJ is just using some convuluted back-flips to argue that it doesn't apply; which they can do. And liberals can get upset about it if they want to. IMO it's a mistake to act like it's just so obvious that the DOJ is totally right & anyone who thinks otherwise is a moron. I don't think Turley, Greenwald, or the EFF are morons. When Congress passed the telecom immunity, we were assured by many legal experts that suits could still be filed against the U.S. gov. I don't think those people were morons either. The DOJ is wrong from a policy standpoint & IMO from a legal standpoint as well.


§ 2712. Civil actions against the United States

(a) In General.— Any person who is aggrieved by any willful violation of this chapter or of chapter 119 of this title or of sections 106(a), 305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may commence an action in United States District Court against the United States to recover money damages. In any such action, if a person who is aggrieved successfully establishes such a violation of this chapter or of chapter 119 of this title or of the above specific provisions of title 50, the Court may assess as damages—
(1) actual damages, but not less than $10,000, whichever amount is greater; and
(2) litigation costs, reasonably incurred.

http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002712----000-.html