Source:
WiredThe government's surveillance of two attorneys challenging the NSA's warrantless wiretapping of Americans took place partly during a period in which the top secret program operated without the approval of the Bush administration's own Justice Department, according to a newly filed court document.
The lawsuit, known as al-Haramain vs. United States, is the only one of more than 50 challenges to the program where the plaintiffs claim to have proof that they were the targets of the warrantless spying, based on a top secret document that had been briefly provided to them in a government paperwork snafu.
For that reason, the lawsuit was already seen as the most resistant to government efforts to protect the program. The allegation that some of the surveillance took place when the program wasn't authorized by the Justice Department may further complicate the government's defense.
"Part of our surveillance occurred when the Attorney General advised the president that the program was illegal," says plaintiff attorney Jon Eisenberg. "That deprives them of the defense they didn't know it was illegal."
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http://www.wired.com/politics/law/news/2007/07/haramain_appeal