Eavesdropping Law Illegal, (Gitmo) Lawyers Say (New FISA Gets First Legal Challenge)

[Hissyspit]

Source: Associated Press

http://talkingpointsmemo.com/news/2007/08/eavesdropping_law_illegal_lawy.phpEavesdropping law illegal, lawyers say

Guantanamo Bay Detainees' Lawyers Argue New Eavesdropping Law Is Illegal

PAUL ELIAS
AP News

Aug 09, 2007 21:24 EDT

Lawyers for Guantanamo Bay detainees asked a federal judge Thursday to invalidate a days-old law that lets government agents eavesdrop on suspected terrorists without first getting court-approved warrants. They said the measure signed into law Sunday by President Bush is illegal because it gives the national intelligence director and the U.S. attorney general too much power to intercept communications of suspected terrorists overseas even when they are talking to someone in the United States.

The New York-based Center for Constitutional Rights' lawsuit, along with about 50 others, are all being considered by U.S. District Court Judge Vaughn Walker in San Francisco.

- snip -

In court documents filed Wednesday, government lawyers argued that the law's passage is enough legal grounds for a judge to toss out the Guantanamo detainees' lawsuit.

- snip -

The center argues that the program jeopardizes its ability to represent clients with suspected Al Qaeda ties because it cannot be sure that confidential telephone calls and e-mail correspondence with the Cuba detainees and their families overseas will stay private. The center said Thursday that it also intends to argue in its suit that the new law is unconstitutional.

- snip -

Walker did not make a ruling Thursday. The government's appeal will be heard Wednesday in San Francisco by a three-judge panel of the 9th U.S. Circuit Court of Appeals.

Read more: http://talkingpointsmemo.com/news/2007/08/eavesdropping_law_illegal_lawy.php

[partylessinOhio]

1. Very good! They have more guts than our Congress did.

Here's to a successful challenge!

:applause:

[EFerrari]

2. Good! K&R

[EVDebs]

3. 1st question, Is the FISA Court irrelevent now ? In that case, those judges should

file an amicus themselves or resign en banque

[wordpix]

6. my question, too---new law seems to make FISA court irrelevant since now * can eavesdrop as he sees

fit

[Canuckistanian]

10. FISA judges are like Maytag repairmen

They haven't had much to do since December 2005. Probably even before that.

I wonder if they ever noticed their workload growing smaller and smaller?

[EVDebs]

11. For a classified operation their supposed 'uselessness' post 9-11

seems to me to be proof that terrorists weren't the real target but liberals and dissenters are. NSA is irrelevent too for that matter. Bush can go after WHOMEVER he decides.

[Hell Hath No Fury]

4. It's in the 9th circuit...

that is a GREAT sign! The 9th is one of the most liberal appeals court in the country!

[EVDebs]

12. ...and they're in the BushCo target sights, too ! EOM

[AzDar]

5. Right. On.

:kick:

[Kagemusha]

7. Good luck to them but, the 'standing' issue might make this difficult.

Nonetheless, good luck to them...

[Canuckistanian]

8. Back in the day....

The Supreme Court used to rule such laws unconstitutional.

Shows you how old I am.

[Judi Lynn]

9. Good news. K & Rec. Thanks. n/t

[pinto]

13. Good challenge. (I had forgotten about this option in the big picture.)

And good to see it's in the 9th. There's a history there of support for Constitutional rights. I could see a case made that client/lawyer conversations would be monitored without any judicial oversight - clearly unconstitutional. I assume the Administration will claim that Gonzo is a 'judicial official' but that doesn't seem to fly, given the history. This will be good to watch as it unfolds.

[FogerRox]

14. Good on them, the new FISA law appears to be in violation of the 4th amendment

and shreds probable cause.

[NJCher]

15. What losers the Dems could be

Wouldn't it be something if this were decided in favor of the Center?

Then it will show that the Dems would sell out their own constituency over a law that couldn't even pass muster in the courts.

So not only are they sell-outs, but they are ignorant of the rules of lawmaking.



Cher

[rateyes]

16. 9th circuit...

San Francisco...where the AT&T offices with the secret room set up for data mining is...Speaker Pelosi's home....

[maxsolomon]

17. 5:4 says they're wrong

the fix is in.

[MasonJar]

18. Did I hear that other groups like the ABA and the ACLU might sue also?

Or did I dream that...if so it was a sweet dream for sure.

[FogerRox]

19. The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[Hissyspit]

20. .