It used to be if a lawyer exposed evidence that made the case for the other side it was considered too bad. Evidence leads to the truth. Isn’t that the entire point of having a Justice System?
A federal judge on Wednesday tossed out a lawsuit by an Islamic organization that accused the Bush administration of illegally wiretapping its telephones without warrants.
At the heart of their lawsuit was a top secret call log that the Treasury Department accidentally turned over to Al Haramain’s lawyers, who say it shows government terrorist hunters listened to their phone conversations with foundation officials living in .
barred the foundation from using the top secret document in the case and dismissed the lawsuit. He gave the foundation 30 days to refile its lawsuit with other evidence proving it was a surveillance target.
According to the Electronic Fronteer Foundation:
The good news is that the Court held that “FISA preempts the state secrets privilege in connection with electronic surveillance for intelligence purposes and would appear to displace the state secrets privilege for purposes of plaintiffs’ claims.” The Court rejected the expansive view of executive power promoted by the government, holding that the President’s authorities under Article II of the Constitution do not give him the power to overrule FISA.
The bad news is that “FISA nonetheless does not appear to provide plaintiffs a viable remedy unless they can show that they are ‘aggrieved persons’ within the meaning of FISA.” The Court ultimately found that Al Haramain had not provided a sufficient showing that they were “aggrieved,” but gave permission to re-file the complaint with more information.
All the United States Government needs to do to keep evidence of the United States Government doing something wrong out of court is to classify any and all evidence to be “Top Secret.”
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