Saturday, October 20, 2012

Wiretapping Opponents Say U.S. at a Crossroads

The government should not get to use limited evidentiary privilege to duck liability for the "warrantless" surveillance of U.S. citizens, a class says.
     Lead named plaintiff Virginia Shubert says that the government actively violates the Fourth Amendment rights of its citizens, as well as the Foreign Intelligence Surveillance Act (FISA), under the Terrorist Surveillance Program (TSP) authorized by then President George W. Bush.
     After the 9th Circuit looked at the case in December 2011, Shubert filed an amended complaint in May, and the National Security Administration countered with a third motion to dismiss last month.
     Shubert warned U.S. District Judge Jeffrey White in San Francisco to affirm that the class has a valid legal claim.
     "The government is engaged in a massive, criminal, domestic spying Dragnet that monitors the content of millions of telephone and Internet communications of ordinary Americans," according to the opposition brief authored by Emery Celli attorney Ilann Maazel. "Now, for the third time in this case, the government seeks to transform a limited, common law, evidentiary privilege into sweeping immunity for its own unlawful conduct. If defendants were to prevail, no court could ever stop the government from spying upon millions of innocent Americans, even if unlawful, unconstitutional and criminal."

Read more: http://www.courthousenews.com/2012/10/19/51474.htm

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