CCR to challenge NSA Domestic Surveillance Program in Federal Court, San Fran, Thursday

[babylonsister]

http://www.commondreams.org/news2007/0807-07.htm

FOR IMMEDIATE RELEASE:
AUGUST 7, 2007
3:18 PM


CONTACT: Center For Constitutional Rights
David Lerner, Riptide Communications, 212.260.5000 [e-mail]

Despite New FISA Law, CCR’s Challenge To NSA Domestic Surveillance Program To Be Heard In Federal Court In San Francisco


CALIFORNIA - AUGUST 7 - On Thursday, August 9, in a hearing before Federal District Judge Vaughn R. Walker, attorneys from the Center for Constitutional Rights (CCR) will argue that the NSA’s program of warrantless surveillance is unconstitutional and should be struck down. The argument in CCR v. Bush comes days after the Congress passed the Protect America Act of 2007 which broadly expands the Government’s power to spy on Americans without getting court approval.

CCR v. Bush was originally filed in federal court in New York but subsequently moved to San Francisco where other challenges related to the program are being litigated.

According to attorneys, there are substantial questions about whether the new law, which is temporary and due to expire in six months, is constitutional. The administration has continued to claim that the NSA program was always legal and that they have the inherent right to resume such surveillance at any time regardless of what the Foreign Intelligence Surveillance Act (FISA) says, so, say attorneys, CCR’s case is in no way rendered moot.

WHAT: Oral Argument in CCR v. Bush

WHEN: Thursday, August 9 at 2:00 pm

WHERE: Courtroom 6, 17th Floor United States District Court, Northern District of California, 450 Golden Gate Avenue.

WHO: Arguing for Plaintiffs, CCR attorney Shayana Kadidal and CCR-cooperating attorney Professor Michael Avery of the National Lawyers Guild.

About CCR

The Center for Constitutional Rights (CCR) is a non-profit legal and educational organization dedicated to protecting and advancing the rights guaranteed by the U.S. Constitution and the Universal Declaration of Human Rights. Founded in 1966 by attorneys who represented civil rights movements in the South, CCR is committed to the creative use of law as a positive force for social change.

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[robinlynne]

1. kick it and kick it and kick it again! hallelujah! someone is actually thinking.

[mmonk]

2. I knew they would come to challenge this (CCR).

The only question remains will it get to the high court. The unitary executive judges may lean to dictatorship. We'll see how it goes.

[redqueen]

3. Let's hope it doesn't end up in a court headed by one of the bushies.

*sigh*

[Zodiak]

4. Well, this is interesting

But I do not predict that anything good will come of it.

If the district court strikes it down, , then it will move up the food chain. The higher up the food chain it goes, the more likely it will be before a set of Bush-appointed judges. If it goes to the Supremes, then there are two likely options.

1. The court will rule as they did before that the CCR has "no standing", and allow the law to stand in the absence of further legislative action.

2. The court will rubber-stamp the bill and we will have effective dictatorship from two branches of the government, plus the precedent will be set that warrantless wiretapping is legal. We do NOT want this codified by the supremes, trust me.

Of course, I could be wrong and all of the courts up the food chain wil see how wrong this bil was, but I highly doubt it. The Constitution doesn;t stand for much these days....all three branches treat it like garbage.

[MrCoffee]

5. the 6th circuit already determined that standing is the issue

while the 6th isn't the controlling circuit, their decision in NSA v. ACLU will have a direct and tangible bearing on this case.

[catnhatnh]

6. WOW-I read the headline....

are the Creedence guys doing politics now?

[Dob Bole]

7. I thought you were talking about John Fogerty!

Your actual post makes so much more sense... lol.

[Zomby Woof]

8. I heard it through the grapevine

With a warrant, of course.