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AT&T Suit for Collaborating With Feds Going FISA?

by Last Night in Little Rock

Pending in U.S. District Court in San Francisco is a suit against AT&T accusing it of collaborating with the Justus Department in the illegal surveillance of U.S. Citizens.

Thursday, Sen. Arlen Specter (R-PA) introduced a bill to remove that case and any like it to the Foreign Intelligence Surveillance Court of Review in Washington where it could be heard in secret and only the Justice Department could be heard.

So much for transparency in government and open courts. Specter is no longer his own man, if he ever was one. He's now just another Bush Administration cover-up artist.

A lawsuit in San Francisco federal court accusing AT&T of illegally collaborating with the Bush administration's electronic surveillance of U.S. citizens would be transferred to a secret court accessible only to the government under new legislation backed by the White House.

A provision of the bill introduced Thursday by Sen. Arlen Specter, R-Pa., the Senate Judiciary Committee chairman, would allow the government to move the AT&T case and all other lawsuits involving the surveillance program to the Foreign Intelligence Surveillance Court of Review in Washington.

The three-judge court meets behind closed doors and hears arguments only from the Justice Department. The court was created in 1978 to consider government appeals from another secret tribunal that reviews requests for wiretaps and searches of foreign agents. Thousands of such requests were uniformly granted until 2003, when the tribunal rejected a Bush administration claim of new surveillance powers under the USA Patriot Act.

Will Specter next file a bill to move the Wilson case to some secret court so the plaintiffs cannot participate solely to protect Vice President Cheney from embarrassment?

Not to worry: No responsible federal judge would hold that the government can deprive citizens of due process and a public hearing where such important civil liberties are involved. There is the little problem of "petition government for redress of grievances" in the First Amendment which I thought protected access to the courts in an adversarial proceeding.

But that only begs the question, doesn't it? One of the Federalist Society and Neo-Con credos involves depriving federal courts of jurisdiction to protect turf, unless, of course, it is something like the Terry Schiavo case where they want a federal court to do their bidding.

And so it goes....

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    Re: AT&T Suit for Collaborating With Feds Going FI (none / 0) (#1)
    by scribe on Sat Jul 15, 2006 at 10:46:19 AM EST
    Let's also remember, every time we discuss the FISA court and how independent it is and all the other circumlocutions and evasions Specter and his Rethug buddies put forth for hiding these crimes (also spelled "t-h-e-i-r b-u-l-l-s-h-*-t"): who appoints the judges to the FISA court. The Chief Justice, the Hon. John Roberts. 50 U.S.C. 1803 says so. You remember him, don't you? The guy who didn't recuse himself from Hamdan v. Rumsfeld while it was being decided by the panel of the D.C. Circuit where he sat simultaneously with his going to be interviewed by/at the White House for his current job? The guy who participated in that D.C. Circuit's whoring the federal judiciary to Graham's and Kyl's bogus post hoc legislative history fraud? The guy who got to make the new appointments to FISA after a couple of the judges quit in disgust over the non-revelation of the NSA wiretapping program to the FISA Court, when they found out about it from the papers? Mr. Smiley Non-Answer Answer in the Confirmation Hearings? The protege of Rehnquist? Yeah. Him. Just in case you thought the optional FISA process might have any semblence of fairness in it.

    Re: AT&T Suit for Collaborating With Feds Going FI (none / 0) (#2)
    by ras on Sat Jul 15, 2006 at 04:45:43 PM EST
    "Justus Department?" "What do we want?" "Just us!" "When do we want it?" "Now!" "OK, lock the doors."

    Has no one here any historical memory? Arlen Specter was the great promoter of the "Magic Bullet," a blatantly fraudulent claim that one bullet caused the six or seven non-lethal wounds to JFK and Gov. Connolly in Dealey Plaza and ended up coming out in pristine condition, having miraculously left metal fragments in Connolly that didn't diminish the weight of the bullet. That is, if Specter could lie in an investigation about the murder of the President (for that most shameful project, The Warren Commission), he'll lie about anything and do anything to appease the powers that be.