Barack and State Secrets

1

April 8, 2009 by J. Madson

But late Friday afternoon, the Obama DOJ filed the government’s first response to EFF’s lawsuit, the first of its kind to seek damages against government officials under FISA, the Wiretap Act and other statutes, arising out of Bush’s NSA program.  But the Obama DOJ demanded dismissal of the entire lawsuit based on (1) its Bush-mimicking claim that the “state secrets” privilege bars any lawsuits against the Bush administration for illegal spying, and (2) a brand new “sovereign immunity” claim of breathtaking scope — never before advanced even by the Bush administration — that the Patriot Act bars any lawsuits of any kind for illegal government surveillance unless there is “willful disclosure” of the illegally intercepted communications.

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One thought on “Barack and State Secrets

  1. Grégoire says:

    http://www.eff.org/files/filenode/jewel/jewelmtdobama.pdf

    I’m not an attorney but this appears to be a very disheartening tactic, even in my unschooled perception.

    Ashley Sanders wrote a great article in the Mormon Worker about the establishment co-opting radical archetypes in the last election, which mirrors Marcuse’s critique of the 60s protest movements.

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