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Tag: Wiretapping (page 2)

NSA Wiretap Issue Isn't Dead Yet


The Sixth Circuit's decision last week to dismiss a lawsuit brought over the NSA warrantless wiretapping program doesn't end the litigation in the courts.

At least one other suit is pending, and standing to bring the lawsuit isn't at issue and and thus is unlikely to be the basis for dismissal.

Readers may remember that Albany, NY defense lawyer Terry Kindlon, raised a similar challenge to the wiretapping in United States v. Aref (the so-called "terrorism" case from the Northern District of New York).

In December, 2005, while Aref's case was pending, Terry learned from a New York Times article that his client had been tapped by the NSA. He immediately made some demands, followed up with some motions and, basically, got nowhere (although he did enjoy receiving a Government pleading containing a caption at the top of the first page, a signature at the bottom of the third page, and nothing but blank space (marked CLASSIFIED) in between).

More...

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ACLU Responds to Dismissal of NSA Wiretapping Case


The ACLU responds to the Sixth Circuit's dismissal of its lawsuit over the NSA warrantless electronic monitoring program.

The decision is here (pdf.)

Big Tent Democrat weighs in here. Also check out Think Progress.

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New Army Manual Grants Expanded Wiretapping Authority

It looks like President Bush and the Pentagon are trying to sneak another fast one by us. This time, it's the deletion of a wiretapping provision that has been in the Army Manual since 1984.

The manual, described by the Army as a “major revision” to intelligence-gathering guidelines, addresses policies and procedures for wiretapping Americans, among other issues.

The original guidelines, from 1984, said the Army could seek to wiretap people inside the United States on an emergency basis by going to the secret court set up by the Foreign Intelligence Surveillance Act, known as FISA, or by obtaining certification from the attorney general “issued under the authority of section 102(a) of the Act.”

That last phrase is missing from the latest manual, which says simply that the Army can seek emergency wiretapping authority pursuant to an order issued by the FISA court “or upon attorney general authorization.” It makes no mention of the attorney general doing so under FISA.

Bush asks us to trust him.

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NSA Wiretapping: One Year Old Today


Who knows how long Bush's NSA warrantless wiretapping has been going on, but it was a year ago today that Bush 'fessed up to it:

On Dec. 17, 2005, Bush publicly acknowledged for the first time he had authorized the NSA to monitor, without approval from a judge, phone calls and e-mails that come into or originate in the U.S. and involve people the government suspects of having terrorist links.

Bush said he had no intention of halting what he called a "vital tool" in the war on terror.

It's up to the Dems now. Will they have the spine and the wherewithal to put an end to it...without passing more laws that increase the executive's power to order spying on more of us without adequate judicial oversight?

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