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High court turns away challenge to domestic-spying program

By The Associated Press
02.19.08

WASHINGTON — The Supreme Court has rejected a challenge to the Bush administration's domestic-spying program.

The justices' decision today includes no comment explaining why they were turning down the appeal from the American Civil Liberties Union.

The ACLU wanted the Court to allow a lawsuit by the group and individuals over the National Security Agency’s warrantless wiretapping. Last July, a 6th U.S. Circuit Court of Appeals panel ruled 2-1 to dismiss the lawsuit because the plaintiffs couldn’t prove whether their communications had been monitored.

The government has refused to turn over information about the closely guarded program that could reveal who has been under surveillance.

Steven R. Shapiro, the ACLU’s legal director, has said his group is in a "Catch-22" because the government says the identities of people whose communications have been intercepted is secret. But only people who know they have been wiretapped can sue over the program, Shapiro has said.

The 9th Circuit last year ruled against an Islamic charity that also challenged the program, concluding that a key piece of evidence was protected as a state secret.

In that case, the Oregon-based U.S. arm of the Al-Haramain Islamic Foundation alleged the NSA illegally listened to its calls. The charity had wanted to introduce as evidence a top-secret call log it received mistakenly from the Treasury Department.

A separate lawsuit against telecommunications companies that have cooperated with the government is pending in the San Francisco-based appeals court. A federal judge is also examining whether the warrantless surveillance of people in the United States violates the law that regulates the wiretapping of suspected terrorists and requires the approval of a secret court.

The case the Court acted on today is ACLU v. NSA, 07-468.


Previous
6th Circuit dismisses ACLU domestic-spying lawsuit
Overturning lower court ruling that program violates free speech, three-judge panel says plaintiffs have no standing to sue. 07.06.07

Related

Secrecy may be spy program's defense, Justice Dept. says

Official says unless government decides to release information about its warrantless wiretaps, questions about program's constitutionality may never be answered. 08.14.07

Court deals blow to Islamic charity's wiretapping case

9th Circuit panel holds that key piece of evidence is a protected state secret. 11.20.07

Democrats, GOP agree to telecom immunity on surveillance
Rep. Steny Hoyer, D-Md., says compromise bill 'balances the needs of our intelligence community with Americans' civil liberties and provides critical new oversight and accountability requirements.' 06.20.08

NSA can withhold wiretapping info, says federal judge
Lawyers for Guantanamo Bay detainees had demanded under FOIA to know whether their calls were intercepted as part of Bush administration's domestic surveillance program. 06.26.08

Federal court reinstates Islamic group's wiretapping suit
Judge says there's enough primary evidence showing charity may have been target of government-tapped telephone calls that were done without court approval. 01.06.09

Special court ruling upholds Bush surveillance policy
Protect America Act of 2007 required telecoms to help government intercept international calls, e-mails for national-security purposes. 01.16.09

Spying as a form of censorship
By Paul K. McMasters Free speech stands at risk when surveillance programs are formulated without careful attention to balancing the good done for security against the harm done to liberty. 08.27.06

Too much secrecy is also a threat
By Gene Policinski Keeping some government information under wraps may protect us in some ways, but it also leaves us vulnerable to hidden problems we should know about. 09.09.07

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