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| Judge: US wiretapping on Islamic charity illegal |
| 2010-04-01 |
| A federal judge has ruled that the government is liable for illegally wiretapping an Islamic charity without a valid search warrant. I'm guessing the judge is a Carter appointee ... US District Judge Vaughn Walker in San Francisco said on Wednesday that attorneys for the Al-Haramain Islamic Foundation, once based in Oregon, could pursue civil remedies for being subjected in 2004 to warrantless domestic surveillance under an anti-terrorism program put into place by the Bush administration after the September 11, 2001, attacks on the US. The Court's ruling reaffirmed an earlier decision that the warrantless wiretaps conducted on an Oregon-based Islamic non-profit organization were illegal. The US has designated the Oregon-based al-Haramain Islamic Foundation as a terrorist organization. So we really can't listen in on terrorist phone calls ... The al-Haramain Islamic Foundation was a target of a Treasury Department program to track financing of terrorism activities, Walker's ruling said. Telephone conversations between people identified as foundation officials in Saudi Arabia and their lawyers in the US were tapped in 2004. |
| Posted by:Fred |
| #10 If they didn't have a warrant, then it should be thrown out of court. Protects everyone that way. Now the warrentless search of numbers being called is fine, but anything more than that requires a judge's signature. |
| Posted by: DarthVader 2010-04-01 21:16 |
| #9 Orin Kerr has a more detailed analysis of this over at the volokh conspiracy. Its pretty complicated. |
| Posted by: lord garth 2010-04-01 14:38 |
| #8 Thomas More: "And when the last law was down, and the Devil turned round on you—where would you hide, Roper, the laws all being flat? [More leaves him] This country’s planted thick with laws from coast to coast—man’s laws, not God’s—and if you cut them down—and you’re just the man to do it—d’you really think you could stand upright in the winds that would blow then?" |
| Posted by: lex 2010-04-01 13:02 |
| #7 With Glenmore. Yesterday, Islamic charities. Today, under an admin not to your liking, maybe your organization's privileged conversations tapped without a warrant? |
| Posted by: lex 2010-04-01 12:57 |
| #6 Personally, I have no problem with this ruling. You have a 'terrorist' connection. You are telling me you can't be bothered to file the paperwork, and then find a judge who won't issue a search warrant? |
| Posted by: Mizzou Mafia 2010-04-01 12:12 |
| #5 Not to mention, the tapped calls were to the lawyers - even under anti-terrorism calls I would assume there is lawyer-client confidentiality priviledge. There has to be a better way to monitor terrorists than warrantless taps on their lawyers. I just see potential for abuse all over that set-up. |
| Posted by: Glenmore 2010-04-01 07:39 |
| #4 Not sure to be overturned. Seems a finding that the program that authorized warrantless wiretaps (a part of the Patriot Act?) was illegal under higher laws (perhaps even Constitutional grounds?) I know a lot of people claimed that at the time, both liberals and libertarians. I figure we should get a warrant for all 'searches' (and I consider a tap a form of search) except in cases where minutes count, and this doesn't look like one of those cases. But put me on the jury for the civil remedy and I won't award a nickel. |
| Posted by: Glenmore 2010-04-01 07:34 |
| #3 Sure to be overturned. |
| Posted by: Black Bart Ebberens7700 2010-04-01 06:35 |
| #2 the Al-Haramain Islamic Foundation, once based in Oregon, could pursue civil remedies for being subjected in 2004 Meaning law suits against US citizens. Nice the lawyers are getting some work. Why is it nothing good ever seems to come out of San Francisco? |
| Posted by: Besoeker 2010-04-01 05:51 |
| #1 Walker was first nominated by Reagan (but not confirmed by the Senate), then nominated by GWBush and confirmed early in the GWB admin |
| Posted by: lord garth 2010-04-01 01:01 |