The U.S. government says it is immune from a class action that seeks to
end the alleged "dragnet" electronic surveillance of innocent Americans.
Two lawsuits have been filed in recent years, claiming the National Security Agency, under the current direction of Director Keith Alexander and the president of the United States, have orchestrated a program of indiscriminate surveillance of U.S. citizens.
The first suit was brought by lead plaintiff Carolyn Jewel on behalf of current and former AT&T customers who say the company allowed, and even enabled, the NSA to eavesdrop on them. That suit is still pending, as is the most recent class-action, filed in 2007 by Virginia Schubert and three others, representing all Americans who have been illegally "spied on" by their own government.
Former President George W. Bush authorized the Terrorist Surveillance Program (TSP) following the Sept.11 terrorist attacks. The program, Schubert alleges, compromises citizens' Fourth Amendment rights and continues today under the Obama administration.
Like Jewell, Schubert alleges the NSA has violated the Constitution, as well as the federal Wiretap Act and the Electronic Communications Privacy Act. The Schubert plaintiffs specifically claim violation of the Fourth Amendment of the U.S. Constitution and of the Foreign Intelligence Surveillance Act (FISA). The Two suits jointly claim the federal government waives its right to sovereign immunity under those acts.
The Government, however, claims to have invoked state secrets privileges that protects it from any litigation consequentially stemming from supposed violations of those acts.
"The Foreign Intelligence Surveillance Act does not authorize a claim against the Government defendants sued in their official capacities, the state secrets privilege bars the litigation of plaintiffs' remaining claims and the state secrets privilege is not displaced by the FISA," said the Government in its third motion for dismissal.
Read more: http://www.courthousenews.com/2012/10/02/50862.htm
Two lawsuits have been filed in recent years, claiming the National Security Agency, under the current direction of Director Keith Alexander and the president of the United States, have orchestrated a program of indiscriminate surveillance of U.S. citizens.
The first suit was brought by lead plaintiff Carolyn Jewel on behalf of current and former AT&T customers who say the company allowed, and even enabled, the NSA to eavesdrop on them. That suit is still pending, as is the most recent class-action, filed in 2007 by Virginia Schubert and three others, representing all Americans who have been illegally "spied on" by their own government.
Former President George W. Bush authorized the Terrorist Surveillance Program (TSP) following the Sept.11 terrorist attacks. The program, Schubert alleges, compromises citizens' Fourth Amendment rights and continues today under the Obama administration.
Like Jewell, Schubert alleges the NSA has violated the Constitution, as well as the federal Wiretap Act and the Electronic Communications Privacy Act. The Schubert plaintiffs specifically claim violation of the Fourth Amendment of the U.S. Constitution and of the Foreign Intelligence Surveillance Act (FISA). The Two suits jointly claim the federal government waives its right to sovereign immunity under those acts.
The Government, however, claims to have invoked state secrets privileges that protects it from any litigation consequentially stemming from supposed violations of those acts.
"The Foreign Intelligence Surveillance Act does not authorize a claim against the Government defendants sued in their official capacities, the state secrets privilege bars the litigation of plaintiffs' remaining claims and the state secrets privilege is not displaced by the FISA," said the Government in its third motion for dismissal.
Read more: http://www.courthousenews.com/2012/10/02/50862.htm
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