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Wiretap lawsuit defense challenged in court
Key Excerpts from Article on Website of San Francisco Chronicle (San Francisco's leading newspaper
Posted: October 25th, 2008
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/18/...
Civil liberties groups started a legal challenge ... to the new federal law designed to dismiss their wiretapping suits against telecommunications companies, saying the statute violates phone customers' constitutional rights and tramples on judicial authority. The law ... granted retroactive protection to AT&T, Verizon and other companies against lawsuits accusing them of illegally sharing their telephone and e-mail networks and millions of customer records with the National Security Agency. Almost 40 such suits from around the nation are pending before Chief U.S. District Judge Vaughn Walker in San Francisco. The law requires him to dismiss the cases if the Justice Department tells him the companies had cooperated in a surveillance program authorized by President Bush. Details of the department's filing and the judge's dismissal order are to be kept secret. The American Civil Liberties Union and the Electronic Frontier Foundation attacked the secrecy requirements and argued that Congress and President Bush lack authority to order courts to whitewash constitutional violations. "If Congress can give the executive the power to exclude the judiciary from considering the constitutional claims of millions of Americans ... then the judiciary will no longer be functioning as a coequal branch of government," Cindy Cohn, the foundation's legal director, said in court papers. She said the law's secrecy makes the proceedings one-sided. "Due process requires more than the chance to shadow-box with the government," Cohn wrote.
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