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Bush administration rules limit lawsuits
2008-05-13, Boston Globe/Associated Press
http://www.boston.com/business/articles/2008/05/13/bush_administration_rules_...

Faced with an unfriendly Congress, the Bush administration has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products. It's rewriting the bureaucratic rulebook. Lawsuit limits have been included in 51 rules proposed or adopted since 2005 by agency bureaucrats governing just about everything Americans use: drugs, cars, railroads, medical devices and food. Decried by consumer advocates and embraced by industry, the agencies' use of the government's rule-making authority represents the administration's final act in a long-standing drive to shield companies from lawsuits. Of the 51 regulations, 41 came from the Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA. Underlying this bureaucratic version of lawsuit reform is the concept of federal preemption. Rooted in the Supremacy Clause of the Constitution, federal preemption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury. An expansive interpretation of preemption leaves little room for consumers to sue, and that is what the national trial lawyers group, the American Association for Justice, says is taking place. Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."

Note: For lots more on government corruption from major media sources, click here.

Domestic spying far outpaces terrorism prosecutions
2008-05-12, Los Angeles Times
http://www.latimes.com/news/nationworld/nation/la-na-justice12-2008may12,0,43...

The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court -- one measure of the effectiveness of such sleuthing -- has continued to decline, in some cases precipitously. The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it. The Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. The [Justice] department ... reported a sharp rise in the use of national security letters by the FBI -- from 9,254 in 2005 to 12,583 in 2006, the latest data available. The letters seek customer information from banks, Internet providers and phone companies. They have caused a stir because consumers do not have a right to know that their information is being disclosed and the letters are issued without court oversight. Civil liberties groups say the new data reveal a disturbing consequence of the government's post-Sept. 11 expanded surveillance capabilities. "The number of Americans being investigated dwarfs any legitimate number of actual terrorism prosecutions, and that is extremely troubling," said Lisa Graves, deputy director of the Center for National Security Studies, a Washington-based civil liberties group.

Note: For many reports from major media sources that question the reality of the "terror" threat, click here.

Torture Memo Gave White House Broad Powers
2008-04-02, ABC News
http://abcnews.go.com/TheLaw/DOJ/story?id=4569746&page=1

The Justice Department's newly declassified torture memo outlined the broad legal authority its lawyers gave to the Bush White House on matters of torture and presidential authority during times of war. The March 14, 2003 memorandum ... provided legal "guidance" for military interrogations of "alien unlawful combatants," and concluded that the president's authority during wartime took precedence over the individual rights of enemies captured in the field. The memo ... determined that amendments to the U.S. Constitution, which in part protect rights of individuals charged with crimes, do not apply equally to enemy combatants. "The Fifth Amendment due process clause does not apply to the president's conduct of a war," the memo noted. It also asserted, "The detention of enemy combatants can in no sense be deemed 'punishment' for purposes of the Eighth Amendment," which prohibits "cruel and unusual" forms of punishment. The memo was drafted by John Yoo, who was at the time the deputy assistant attorney general for the Justice Department's Office of Legal Counsel. Former aides to John Ashcroft say the then-attorney general privately dubbed Yoo "Dr. Yes" for being so closely aligned with lawyers at the White House. The memo also provided an argument in defense of government interrogators who used harsh tactics in their line of work. The memo also laid out a defense against the authority of the U.N. Convention Against Torture, or CAT. Jack Goldsmith who headed OLC from October 2003 to July 2004, and worked at the Pentagon before coming to the department ... described the problems he had reviewing and standing by Yoo's work. "My first [reaction] was disbelief that programs of this importance could be supported by legal opinions that were this flawed."

Note: For further disturbing reports on threats to civil liberties, click here.

FBI Found to Misuse Security Letters
2008-03-14, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR20080313022...

The FBI has increasingly used administrative orders to obtain the personal records of U.S. citizens rather than foreigners implicated in terrorism or counterintelligence investigations, and at least once it relied on such orders to obtain records that a special intelligence-gathering court had deemed protected by the First Amendment, according to two government audits released yesterday. The episode was outlined in a Justice Department report that concluded the FBI had abused its intelligence-gathering privileges by issuing inadequately documented "national security letters" from 2003 to 2006. The report makes it clear that the abuses persisted in 2006 and disclosed that 60 percent of the nearly 50,000 security letters issued that year by the FBI targeted Americans. Because U.S. citizens enjoy constitutional protections against unreasonable searches and seizures, judicial warrants are ordinarily required for government surveillance. But national security letters are approved only by FBI officials and are not subject to judicial approval; they routinely demand certain types of personal data, such as telephone, e-mail and financial records, while barring the recipient from disclosing that the information was requested or supplied. "The fact that these are being used against U.S. citizens, and being used so aggressively, should call into question the claim that these powers are about terrorists and not just about collecting information on all kinds of people," said Jameel Jaffer, national security director at the American Civil Liberties Union. "They're basically using national security letters to evade legal requirements that would be enforced if there were judicial oversight."

Note: For many key reports from major media sources on increasing threats to civil liberties, click here.

Justice Official Defends Rough CIA Interrogations
2008-02-17, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2008/02/16/AR20080216026...

The Bush administration allowed CIA interrogators to use tactics that were "quite distressing, uncomfortable, even frightening," as long as they did not cause enough severe and lasting pain to constitute illegal torture, a senior Justice Department official said last week. In testimony before a House subcommittee, Steven G. Bradbury, the acting chief of the Justice Department's Office of Legal Counsel, spelled out how the administration regulated the CIA's use of rough tactics and offered new details of how [waterboarding] was used to compel disclosures by prisoners. Bradbury indicated that no water entered the lungs of the three prisoners who were subjected to the practice, lending credence to previous accounts that the noses and mouths of CIA captives were covered in cloth or cellophane. Cellophane could pose a serious asphyxiation risk, torture experts said. Bradbury's unusually frank testimony ... stunned many civil liberties advocates and outside legal scholars who have long criticized the Bush administration's secretive and aggressive interrogation policies. Martin S. Lederman, a former Office of Legal Counsel official who teaches law at Georgetown University, called Bradbury's testimony "chilling." Lederman said that "to say that this is not severe physical suffering -- is not torture -- is absurd. And to invoke the defense that what the Spanish Inquisition did was worse and that we use a more benign, non-torture form of waterboarding . . . is obscene." Bradbury wrote two secret memos in 2005 that authorized waterboarding, head-slapping and other harsh tactics by the CIA. As a result of that and other issues, Senate Democrats have repeatedly blocked Bradbury's nomination to head the legal counsel's office permanently.

Inquisition at JPL
2008-01-16, Los Angeles Times
http://www.latimes.com/news/opinion/la-oe-rutten16jan16,0,2608869.story

For the last four years, two robot rovers operated from the Jet Propulsion Laboratory in La Canada Flintridge have been moving across the surface of Mars, taking photographs and collecting information. It's an epic event in the history of exploration, one of many for which JPL's 7,000 civilian scientists and engineers are responsible -- when they're not fending off the U.S. government's attempts to conduct an intimidating and probably illegal inquisition into the intimate details of their lives. The problem began -- as so many have -- in the security mania that gripped the Bush administration after 9/11. Presidential Directive No. 12, issued by the Department of Homeland Security, directed federal agencies to adopt a uniform badge that could be used by employees and contractors to gain access to government facilities. NASA Administrator Michael Griffin ... directed Caltech, which has a contract to run JPL for NASA, to make sure all of the lab's employees complied. The government demanded that the scientists, in order to get the badges, fill out questionnaires on their personal lives and waive the privacy of their financial, medical and psychiatric records. The government also wanted permission to gather information about them by interviewing third parties. Twenty-eight of JPL's senior scientists sued in federal court to stop the government and Caltech from forcing them to agree to the background checks as the price of keeping their jobs. They point out that Griffin is one of those who remain skeptical that human actions contribute to global warming, and that some of JPL's near-Earth science has played a critical role in establishing the empirical case to the contrary. They see the background checks as the first step toward establishing a system of intimidation that might be used to silence inconvenient science.

Note: For many disturbing reports on threats to our civil liberties, click here.

Big Brother Spying on Americans' Internet Data?
2007-11-07, ABC News
http://abcnews.go.com/Politics/Story?id=3833172

According to a former AT&T employee, the government has warrantless access to a great deal of Internet traffic should they care to take a peek. As information is traded between users it flows also into a locked, secret room on the sixth floor of AT&T's San Francisco offices and other rooms around the country -- where the U.S. government can sift through and find the information it wants, former AT&T employee Mark Klein alleged Wednesday at a press conference on Capitol Hill. "An exact copy of all Internet traffic that flowed through critical AT&T cables -- e-mails, documents, pictures, Web browsing, voice-over-Internet phone conversations, everything -- was being diverted to equipment inside the secret room," he said. Klein ... said that as an AT&T technician overseeing Internet operations in San Francisco, he helped maintain optical splitters that diverted data en route to and from AT&T customers. One day he found that the splitters were hard-wired into a secret room on the sixth floor. Documents he obtained [from] AT&T showed that highly sophisticated data mining equipment was kept there. Conversations he had with other technicians and the AT&T documents led Klein to believe there are 15 to 20 such sites nationwide, including in Seattle, Los Angeles, San Jose, San Diego and Atlanta, he said. Brian Reid, a former Stanford electrical engineering professor who appeared with Klein, said the NSA would logically collect phone and Internet data simultaneously because of the way fiber optic cables are intertwined. He said ... the system described by Klein suggests a "wholesale, dragnet surveillance." Of the major telecom companies, only Qwest is known to have rejected government requests for access to data. Former Qwest CEO Joseph Nacchio, appealing an insider trading conviction last month, said the government was seeking access to data even before Sept. 11.

Strict Visa Regulations Discourage Visiting Artists
2007-10-20, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/19/AR20071019025...

The Halle Orchestra, one of Great Britain's oldest symphony orchestras, has not toured the United States in more than a decade, so spirits were high when the group secured dates at Lincoln Center and in Upstate New York for performances last winter. But when the orchestra learned that to get their entry visas, all 85 musicians -- every last cellist, oboist and piccolo player -- would have to travel from their Manchester headquarters to the U.S. Embassy in London for personal interviews, electronic fingerprinting and facial-recognition scans, it scrapped the trip. Budgeting for airfare and travel costs to New York was one thing, but simply getting everyone to the embassy at the same time, along with hotel bills and fees for the visas themselves, would have cost an additional $80,000, said marketing director Andy Ryans. "It was very simply money that we didn't have," Ryans explained. "We were desperate to go to the States, but our hands were absolutely tied." Theirs aren't the only ones. To perform in this country, foreign artists of all stripes -- punk rockers, ballet dancers, folk musicians, acrobats -- are funneled through a one-size-fits-all "nonimmigrant" visa process whose costs and complications have become prohibitive, according to booking agents, managers and presenters, such as the Kennedy Center, who program and market the performers. Visiting businesspeople face similar security hurdles put in place since Sept. 11, 2001. But artists' visa petitions also require substantial documentation to satisfy the "sustained international recognition" requirement for the type of visa (called a "P-1") issued to many performing artists. Arts organizations say they have become reluctant to book foreign performers because of the risk of bureaucratic snags. Soon after Sept. 11, the State Department rolled out its Biometric Visa Program, requiring all applicants to undergo fingerprinting and have photographs taken at the nearest U.S. consulate each time they apply.

Former CEO Says U.S. Punished Phone Firm
2007-10-13, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/12/AR20071012024...

A former Qwest Communications International executive, appealing a conviction for insider trading, has alleged that the government withdrew opportunities for contracts worth hundreds of millions of dollars after Qwest refused to participate in an unidentified National Security Agency program that the company thought might be illegal. Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks ... about participating in a warrantless surveillance program to gather information about Americans' phone records. In the court filings disclosed this week, Nacchio suggests that Qwest's refusal to take part in that program led the government to cancel a separate, lucrative contract with the NSA in retribution. He is using the allegation to try to show why his stock sale should not have been considered improper. He has claimed in court papers that he had been optimistic that Qwest would overcome weak sales because of the expected top-secret contract with the government. Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. In May 2006, USA Today reported that the NSA had been secretly collecting the phone-call records of tens of millions of Americans, using data provided by major telecom firms. Qwest, it reported, declined to participate because of fears that the program lacked legal standing.

Note: The Bush Administration has claimed that the NSA surveillance of the American public was a necessary response to the attacks of 9/11. But this story reveals that the surveillance began before 9/11, shortly after Bush took office. The obvious question is, why? For many other reliable, verifiable reports that suggest the official explanation of the events of 9/11 is false, click here.

Same Agencies to Run, Oversee Surveillance Program
2007-08-07, Washington Post
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR20070806013...

The Bush administration plans to leave oversight of its expanded foreign eavesdropping program to the same government officials who supervise the surveillance activities and to the intelligence personnel who carry them out, senior government officials said yesterday. The law, which permits intercepting Americans' calls and e-mails without a warrant if the communications involve overseas transmission, gives Director of National Intelligence Mike McConnell and Attorney General Alberto R. Gonzales responsibility for creating the broad procedures determining whose telephone calls and e-mails are collected. It also gives McConnell and Gonzales the role of assessing compliance with those procedures. The law ... does not contain provisions for outside oversight -- unlike an earlier House measure that called for audits every 60 days by the Justice Department's inspector general. The controversial changes to the 1978 Foreign Intelligence Surveillance Act were approved by both chambers of the Democratic-controlled Congress despite privacy concerns raised by Democratic leaders and civil liberties advocacy groups. Central to the new program is the collection of foreign intelligence from "communication service providers," which the officials declined to identify, citing secrecy concerns. Under the new law, the attorney general is required to draw up the governing procedures for surveillance activity, for approval by the Foreign Intelligence Surveillance Court. Once the procedures are established, the attorney general and director of national intelligence will formally certify that the collection of data is authorized. But the certification will be placed under seal "unless the certification is necessary to determine the legality of the acquisition," according to the law signed by Bush.

Michael Moore blasts Bush over federal probe
2007-05-11, MSNBC/Associated Press
http://www.msnbc.msn.com/id/18615496

Filmmaker Michael Moore has asked the Bush administration to call off an investigation of his trip to Cuba to get treatment for ailing Sept. 11 rescue workers for a segment in his upcoming health-care expose, “Sicko.” Moore, who made the hit documentary “Fahrenheit 9/11” ... said in a letter to U.S. Treasury Secretary Henry Paulson on Friday that the White House may have opened the investigation for political reasons. “For five and a half years, the Bush administration has ignored and neglected the heroes of the 9/11 community,” Moore said in the letter. “I understand why the Bush administration is coming after me — I have tried to help the very people they refuse to help, but until George W. Bush outlaws helping your fellow man, I have broken no laws and I have nothing to hide.” Harvey Weinstein, whose Weinstein Co. is releasing “Sicko,” told The Associated Press the movie is a “healing film” that could bring opponents together over the ills of America’s health-care system. “This time, we didn’t want the fight, because the movie unites both sides,” Weinstein said. “We’ve shown the movie to Republicans. Both sides of the bench love the film." Moore won an Academy Award for best documentary with his 2002 gun-control film “Bowling for Columbine” and scolded Bush in his Oscar acceptance speech as the war in Iraq was just getting under way. The investigation has given master promoter Moore another jolt of publicity just before the release of one of his films.

Note: WantToKnow.info founder Fred Burks was hit with a $7,500 fine for a 10-day vacation to Cuba in 1999. For some strange reason, his was the first Cuba travel case prosecuted. He has taken it to court, where the case is still undecided. For more, including a link to a Los Angeles Times article on his case, click here.

'They treat a whistle-blower like a virus'
2006-11-24, USA Today
http://www.usatoday.com/news/washington/2006-11-23-whistle-blower-nsa_x.htm

Most people first heard about Russell Tice last December when the former National Security Agency intelligence analyst asked to testify before Congress about NSA programs he claims are illegal. But his confrontation with his employer began much earlier. In 2001, Tice reported suspicions that an employee of the Defense Intelligence Agency, which oversees the NSA and other intelligence-gathering agencies, was spying for China. When he followed up on the allegations several years later, Tice was ordered to undergo a psychological evaluation. Although he had passed his regular exam nine months earlier, the in-house psychologist conducting the latest evaluation decided Tice had psychotic paranoia. After almost 20 years in intelligence, Tice's security clearance was revoked. He was transferred to a maintenance position at the NSA vehicle pool, and then to a government furniture warehouse. Just days after publicly urging Congress to pass stronger protections for federal intelligence agency whistle-blowers facing retaliation, he was fired in May 2005. "They treat a whistle-blower like a virus which they basically surround with buffers in an attempt to marginalize, isolate and prevent from having an impact on an organization," says Tice's lawyer, Joshua Dratel.

Activist's expensive exit goes to appeal
2005-09-17, Sydney Morning Herald (Australia's leading newspaper)
http://www.smh.com.au/news/world/activists-expensive-exit-goes-to-appeal/2005...

An Australian lawyer for Scott Parkin says the American peace activist will have to wait months to learn whether he will be made to pay more than $11,000 for his deportation. Mr Parkin flew out of Melbourne on Thursday after his visa was cancelled on national security grounds last weekend. Mr Parkin told said in Los Angeles on his return that his five-day stay at the Melbourne Custody Centre would cost him another $777. "They said if I ever decided to return to Australia I'd have to pay them back." He was banned from entering Australia for three years, and the visa in his passport was stamped with "Not for further travel". Mr Parkin's removal from Australia seemed to be based only on something he had supposedly said, although he had not been told what that was. "If you can be kicked out of the country for saying words, where the words are not a criminal offence … then you have got a problem with democracy," [Parkin's lawyer] Mr Burnside said.

Note: In a second article, the Herald states: Mr Parkin is a 36-year-old Texas-based teacher and activist with the Houston Global Awareness Collective (HGAC), which aims to end the US-led war in Iraq. The HGAC vows to "increase the use of non-violent, direct action and popular education as tools for social change." Since February 2003, the HGAC has targeted US-based multinational company Halliburton, which is a prime recipient of US government contracts in Iraq and formerly had US Vice President Dick Cheney as its chief executive officer. Mr Parkin has described Halliburton as a "poster child of war profiteering." On August 31, he took part in a non-violent protest outside US corporation Halliburton's Sydney headquarters. For more, see this article.

Uncovering an Israeli jail that specializes in nightmares
2004-06-16, Newsweek
http://msnbc.msn.com/id/5251751

What [Israeli historian Gad] Kroizer had discovered and later footnoted in an academic paper ... was the location of an ultrasecret jail where Israel has held Arabs in total seclusion for years, barred visits by the Red Cross and allegedly tortured inmates. Known as 1391, the facility is used as an interrogation center by a storied unit of Israel's military intelligence, whose members-all Arabic speakers-are trained to wring confessions from the toughest militants. Some of the methods are reminiscent of Abu Ghraib: nudity as a humiliation tactic, compromising photographs, sleep deprivation. In a few cases, at least, interrogators at 1391 appear to have gone beyond Israel's own hair-splitting distinction between torture and what a state commission referred to in 1987 as "moderate physical pressure." But the nightmare for those in 1391 is the isolation and the fear that no one knows where you are. The location of the compound is so hush-hush that a court this year banned a visit by an Israeli legislator. Prisoners describe being hooded everywhere at the facility except in their cells. Hassan Rawajbeh ... a member of the nearly disbanded Palestinian Preventive Security force ... was picked up by soldiers in Nablus 18 months ago. He was hooded, handcuffed and thrown on the floor of a van. When the hood was removed, he was in a tiny, windowless cell. The chamber contained no toilet, only a bucket in the corner, which ... his jailers would empty once every few weeks. A low buzzing droned constantly. For nearly four months, Rawajbeh saw no one but his interrogators, who kept him naked for days at a time and prevented him from going to the bathroom.

E-mail users warned over spy network
2001-05-29, BBC News
http://news.bbc.co.uk/1/hi/world/europe/1357264.stm

Computer users across Europe should encrypt all their e-mails, to avoid being spied on by a UK-US eavesdropping network, say Euro-MPs. The tentacles of the Echelon network stretch so far that the UK's involvement could constitute a breach of human rights, they say. The Euro-MPs have been studying Echelon for almost a year, after allegations that it has been used by the US to commit industrial espionage against European firms. They conclude that Echelon - whose existence is not officially acknowledged - is reading millions of e-mails and faxes sent every day by ordinary people. The US has denied the system even exists, and the UK refuses to give details, except to say that communications interception is a vital tool in the fight against "dangers to society". The Echelon operation is based at Fort Meade in Maryland, America, and at the UK's spy centre, GCHQ in Cheltenham.

Note: For another revealing BBC News report on Echelon, click here.

The Torture Debate: The Missing Voices
2009-05-07, New York Times
http://www.nytimes.com/2009/05/07/opinion/07thu1.html

Last month’s release of memos prepared by the Bush Justice Department and the disclosure of a report by the International Committee of the Red Cross on the brutal treatment of detainees expanded public knowledge of an ignominious chapter in the nation’s history. But these and other related disclosures do not provide a complete record of the government’s abuse of detainees. One missing element is the words of those prisoners subjected to waterboarding and other brutality. Those voices remain muffled by a combination of Bush-era resistance to a reasonable Freedom of Information Act request by the American Civil Liberties Union, and the gag order imposed on lawyers representing Guantánamo detainees. For two years, the A.C.L.U. has been seeking complete transcripts of the hearings at Guantánamo for 14 men who were previously in C.I.A. custody, including Abu Zubaydah, who has been described as an operative of Al Qaeda and was waterboarded at least 83 times. But the publicly released version of these transcripts deleted all detainee statements about their ordeals. The Bush team’s national security claim always had the odor of a cover-up. The interrogation program it was protecting has been discontinued, and crucial details are known. It is unsupportable to blank out grim details. The same considerations apply to the protective order that prohibits lawyers for Guantánamo detainees from speaking publicly about their clients’ treatment unless they receive the government’s permission or the information otherwise becomes public. Disclosure of the torture memos and the Red Cross report gives detainee lawyers more leeway, but they should not have to parse their words under a threat of prosecution.

Note: For many reports from major media sources detailing the disturbing government threats to civil liberties, click here.

Judge rejects bid to derail wiretap challenge
2009-04-18, San Francisco Chronicle (San Francisco's leading newspaper)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/17/MN6O174O7E.DTL

A San Francisco federal judge rejected on Friday the Obama administration's attempt to derail a challenge to former President George W. Bush's electronic surveillance program by withholding a critical wiretap document. President Obama's Justice Department had appeared to defy a previous order by Chief U.S. District Judge Vaughn Walker to allow lawyers for an Islamic organization to see the classified document, which reportedly showed that the group had been wiretapped. The document, which the government accidentally sent to the Al-Haramain Islamic Foundation, could establish its right to sue over the legality of the program. Justice Department lawyers told Walker in February that he had no power to enforce his order, and indicated they would remove the document from his files if he planned to disclose it to Al-Haramain's lawyers. But after a federal appeals court denied the department's request to intervene, Walker told the government Friday to cooperate. "The United States should now comply with the court's orders," the judge said. He told lawyers for the administration and Al-Haramain to work out a protective order by May 8 that would maintain the document's secrecy after it had been shown to the Islamic group's lawyers. If the two sides can't agree, Walker said, he will issue his own protective order "under which this case may resume forward progress." The case is one of two before Walker challenging the constitutionality of the program that Bush secretly authorized in 2001 to intercept phone calls and e-mails between Americans and suspected foreign terrorists without seeking a court warrant, as required by a 1978 law.

Note: For more reports on government secrecy from reliable sources, click here.

Wiretap lawsuit defense challenged in court
2008-10-18, San Francisco Chronicle (San Francisco's leading newspaper
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/18/BATN13JVOG.DTL

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.

Note: For many reports from reliable, verifiable sources on threats to civil liberties, click here.

The Ultra-Secret NSA from 9/11 to the Eavesdropping on America
2008-10-14, Washington Post
http://www.washingtonpost.com/wp-dyn/content/discussion/2008/10/09/DI20081009...

By exploring the current, post-9/11 operations of the NSA [National Security Agency, James] Bamford ... goes where congressional oversight committees and investigative journalists still struggle to go. [When] the Bush administration declared its ... global war on terror, Congress agreed to most of the White House's demands. According to Bamford, the NSA's expanded powers and resources enabled it to collect communications both inside and outside the United States. He quotes a former NSA employee as a witness to the agency's spying on the conversations of Americans who have no connection to terrorism. After suing the NSA for documents, [Bamford] obtained considerable evidence that telecommunication companies (with the notable exception of Qwest) knowingly violated U.S. law by cooperating with the NSA to tap fiber optic lines. In impressive detail, The Shadow Factory: The Ultra-Secret NSA from 9/11 to the Eavesdropping on America tells how private contractors, including some little-known entities with foreign owners, have done the sensitive work of storing and processing the voices and written data of Americans and non-Americans alike. In the book, he offers new revelations about the National Security Agency's counterterrorism tactics, including its controversial domestic surveillance programs. Bamford warns of worse to come: 'There is now the capacity to make tyranny total in America. Only law ensures that we never fall into that abyss -- the abyss from which there is no return.'"

Note: Bamford is the author of two other books on the NSA: Body of Secrets and The Puzzle Palace.

Appeals court blocks release of Guantanamo detainees
2008-10-08, McClatchy Newspapers
http://www.mcclatchydc.com/251/story/53677.html

A federal appeals court temporarily blocked the release of 17 Chinese-born Muslims detained at Guantanamo Bay, Cuba, a day after a landmark decision required them to be shipped to the U.S. The move Wednesday night by the U.S. Court of Appeals for the District of Columbia Circuit sets the stage for a protracted court battle over the fate of the men, who've been held for nearly seven years despite being cleared for release by the U.S. military. Tuesday, U.S. District Judge Ricardo Urbina had ordered the Bush administration to transfer the men to the U.S. by Friday. The Justice Department had launched a down-to-the wire effort to stop the release of the men from the ethnic Uighur minority by seeking an emergency delay of the ruling. If the court had refused to act, the Bush administration had threatened to ask the Supreme Court to intervene. Attorneys for the group, however, reacted with disappointment. "Seventeen men were told yesterday that they were going to be released after nearly seven years of wrongful detention," said Emi MacLean, an attorney for the Center for Constitutional Rights, which coordinates the representation of detainees including the Uighurs. "Now, they have to be told that their detention will continue to be indefinite." Urbina's decision marked the first time a court had ordered the transfer of Guantanamo detainees to the U.S. and could have prompted the release of others who've been cleared by the military. Urbina declared the continued detention of the Uighurs to be "unlawful" and said the government could no longer detain them after conceding they weren't enemy combatants.

Note: For many reports on the Bush/Cheney administration's unlawful denials of civil liberties, click here.

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