Category: Secrecy & Politics of Secrecy

Court document: Alharamain versus National Security Administration

(From Secrecy News)
WARRANTLESS SURVEILLANCE OF CHARITY RULED UNLAWFUL

Warrantless surveillance of an Islamic charity in Oregon in 2004 violated the Foreign Intelligence Surveillance Act (FISA), a court ruled (pdf) on March 31.

In the culmination of a four-year lawsuit, Judge Vaughn Walker of the Northern District of Columbia found that the government had unlawfully intercepted international telephone conversations of the Al-Haramain Islamic Foundation without a warrant, as required by the FISA for intelligence and counterterrorism surveillance.  The government had contended that the state secrets privilege barred a resolution of the case, but the court found that the defendants were able to make their case without the use of state secrets.

At least by implication, the ruling means that aspects of President Bush's Terrorist Surveillance Program were illegal.  Significantly, that determination was made by a court, based on a private complaint years after the fact, and not through congressional intelligence oversight.  While Congress did enact the Foreign Intelligence Surveillance Act of 1978, which was the foundation of the court's ruling, contemporary congressional oversight alone would have left the Al-Haramain violation (and untold others) undiscovered and unpunished.
Continue reading “Court Decision (NOT Congress Oversight) Declared NSA Warrantless Wiretapping Illegal”