FISA COURT-ORDERS BUSH-TO RELEASE SECRET COURT ORDERS ON WIRETAPPING TO THE PUBLIC

[kpete]

In Unprecedented Order, FISA Court Requires Bush Administration to Respond to ACLU's Request That Secret Court Orders Be Released to the Public (8/17/2007)


Government Must Respond by August 31

FOR IMMEDIATE RELEASE
CONTACT: [e-mail]


WASHINGTON - In an unprecedented order, the Foreign Intelligence Surveillance Court (FISC) has required the U.S. government to respond to a request it received last week by the American Civil Liberties Union for orders and legal papers discussing the scope of the government's authority to engage in the secret wiretapping of Americans. According to the FISC's order, the ACLU's request "warrants further briefing," and the government must respond to it by August 31. The court has said that any reply by the ACLU must be filed by September 14.

"Disclosure of these court orders and legal papers is essential to the ongoing debate about government surveillance," said Anthony D. Romero, Executive Director of the ACLU. "We desperately need greater transparency and public scrutiny.We're extremely encouraged by today's development because it means that, at long last, the government will be required to defend its contention that the orders should not be released."

The ACLU filed the request with the FISC following Congress' recent passage of the so-called "Protect America Act," a law that vastly expands the Bush administration's authority to conduct warrantless wiretapping of Americans' international phone calls and e-mails. In their aggressive push to justify passing this ill-advised legislation, the administration and members of Congress made repeated and veiled references to orders issued by the FISC earlier this year. The legislation is set to expire in six months unless it is renewed.

"These court orders relate to the circumstances in which the government should be permitted to use its profoundly intrusive surveillance powers to intercept the communications of U.S. citizens and residents," said Jameel Jaffer, Director of the ACLU's National Security Project. "The debate about this issue should not take place in a vacuum. It's imperative that the public have access to basic information about what the administration has proposed and what the intelligence court has authorized."

more at:
http://www.aclu.org/safefree/spying/31356prs20070817.html

[southern_belle]

1. k & r

[annabanana]

2. "FISA Court orders B*SH". . . .

THIS ought to go well.

[SeattleGirl]

3. His response will be one of two things: He'll either give them the

middle-finger salue

or

He'll turn them over, but nearly everything will be redacted.

But hand 'em over as is, or close to it?

Nope.

Not gonna hold my breath for that to happen.

[RUMMYisFROSTED]

4. Possibly great news....

...possibly the barn door slamming.

[Lone_Star_Dem]

5. Bush Administration sticks fingers in their ears chanting, "I can't hear you."

This could be interesting.

[Vincardog]

6. This is the crack in the Secret government wall. I Hope it opens to give the sheepl

the truth about what the corrupt criminal cabal has been up to.

[Disturbed]

7. View my avatar.

That will be Busholini's response.

[DeSwiss]

8. WooHooooooo!!!

One more legal obstacle for BushCo to ignore!

- K&R!!!

[many a good man]

9. Holy F'in K & R !!!

524 long days.

[quiet.american]

10. Excellent! -- now watch Bush claim executive privilege in 5...4...3...2...1....

I HOPE they don't let him get away with that.

[Hydra]

16. Expect the FISA court

to be dissolved or told they no longer have jurisdiction on this matter

[NancyBreen]

26. I agree with you Hydra nt

[alfredo]

11. Let's see him show contempt for that court.

[ChairmanAgnostic]

43. "This Court was created in the early 70s, and has served

America well. But with new technologies, with new enemies and with new ways to communicate, America cannot afford the luxory of having a few uninformed judges decide the course of our nation. As the exectuvie branch, it is our responsibility to do everything possible to secure your rights and democratic process. therefore, we hereby dissolve the FISA court and thank them all for a job well done in the past. All new FISA powers will be given the the Attorney General, who as director of the Dept. of Justice, is in the best position to protect our rights, our liberties, our democracy and our country."

[alfredo]

47. I hope that is just a flashback from some bad acid, not our reality.

[ChairmanAgnostic]

48. really bad acid

I hope

[alfredo]

49. Or the four way mesc you took at the Goose Creek Festival in Michigan

back in the 70's.

[Gold Metal Flake]

12. Is this order back up by guns?

If not, who should get guns to back up this order?

[peacetalksforall]

13. I don't know what the authority heirarchy is, but it sounds like the

Court is attempting to retain a balance of powers in this country, unlike way too many in Congress who are happy and willing to give it all to the Executive Branch.

Think about it - we are always supposed to hold the W House in awe and consider them the ultimate authority (because of the armed forces stuff?). So, we, not knowing that much about the balance of powers, give it to him/then with the help of the (do know better) media.

This country needs to wake-up. 9-11 was a criminal act. War was not declared except in the minds of war profiteers and disallusioned citizens. It happened from arrogance, not humility. Because of the dis-reality and dis-tortion, Congress became VERY CONFUSED and SOLD US OUT. Except, some, like Warner - who were never confused -- they knew and contributed to each step of the theft of the balance of powers.

May all the traitors rest in peace some day. Including Ms Feinstein, Ms Klobuchar, and the rest, including those who missed the vote because of yapping about border control or Roe vs Wade or new damns or memorials.

I praise the ACLU and the good citizens on the FISCourt.

Can you answer these questions really fast? What is the chosen color of the country of terror? Does the leader of the country of terror have an equivalent of a salute when they hold a parade? Who is the Secretary of War for the country of terror?

Such fiction - people who don't want Cheney and friends to take their oil and gas and establish bases nor invade them bodily. In a former history of this country, we would honor people who fight for their country.

[sofa king]

30. I wouldn't get your hopes up.

If you look at the eleven-member FISC, you'll see that:

* John D. Bates just dismissed the Wilsons' lawsuit against Dick Cheney.

* Dee Benson was chief of staff to Orrin Hatch and was appointed to the bench by Poppy Bush.

* Robert Broomfield is an Air Force officer (the most conservative of them all) appointed to the bench by Saint Ronnie.

* Nathaniel Gorton is a contributor to and possible relative of evil Senator and 9/11 Commission shill Slade Gorton.

* Reggie B. Walton, Malcolm Howard, and Frederick J. Scullin, Jr. were all Republican bench appointees.

* Roger Vinson made sure his son got to vote three times in Florida in 2000.

I only have to look at that list to know how this one is going to play out, procedure be damned.

[tom_paine]

39. Yes, Amerikan Totalitarianism is disgustingly, boringly predictable

And yes, Amerika is nearly as corrupted judicially as Nazi Germany was, only the aims and the "kindness and gentlenes" of the Bush Tyrants really differ them at all from the Nazis.

[treestar]

58. FISA court is actually part of the executive branch

There being division and disagreement in the executive branch is interesting, but ultimately, Chimp is in charge.

[Uncle Joe]

14. Kicked and recommended.

Thanks for the thread kpete.

[kpete]

20. you are welcome

just hope something comes of it - have been hoping for years now, we need some movement in the right direction for a change - in the direction of the constitution, kp

[Igel]

15. The ACLU title and your subject line aren't the same.

Not just trivially different, but make completely different assertions.

The order is here: http://www.aclu.org/pdfs/safefree/fisc_order_08162007.pdf

In it, the FISC orders the US government to respond to the ACLU's ruling. It doesn't say what the reponse must be. It doesn't say to release any information. It says that the motion by the ACLU must be answered. That usually means, "Here's their motion--what's your response, what's your argument, what do you have to say about it?"

Furthermore, it says that if there is any information or if the US gov. believes that part of its response should be classified or not revealed to the ACLU, it should submit the entire response to the FISC, including a proposed redacted version. The *redacted version* should be submitted to the ACLU, and the court will decide what's what later.

[kpete]

17. thanks igil

I still think this is unprecedented and a move in the right direction. I am always hoping that "We The People" get to the truth, perhaps this will supply a glimpse for us. I am hoping for more...kp


here is another promising view:

SCOTT HORTON
The FISA Court Strikes Again
More important evidence of judicial backbone this afternoon. In response to a motion by the ACLU challenging the Bush Administration’s insistence on keeping all dealings surrounding the FISA Court in secret, including its orders, the Court has entered an order directing the Bush Administration to explain its abnormal demands for secrecy.

http://harpers.org/archive/2007/08/hbc-90000922

[alfredo]

21. The explanation will be classified.

[Igel]

44. There has to be a redacted version, at the very least.

And since that's to be given to the ACLU, I doubt it'll be classified.

[alfredo]

46. Don't expect bush Inc to comply with the letter or spirit of the ruling.

[alfredo]

56. I remember when they would redact PDF files without knowing it

was a layer above the text and the redaction layer could be removed revealing the text underneath.

[Igel]

45. Yes, it is. n/t

[Mnemosyne]

18. They will comply as well as they did with the torture evidence. n/t

[porphyrian]

19. Very good. - n/t

[OmmmSweetOmmm]

22. This is THE Friday Night News Dump! eom

[Canuckistanian]

23. Ain't gonna happen, but.....

I'd love to hear his reasoning for refusing it.

Whatever the reason is, it should be used in the Democratic campaign ads.

[in_cog_ni_to]

24. The thugs in this administration don't listen to Judges or follow laws.

There's no way this is going to happen.

[defendandprotect]

54. This is the most obvious point of the pressure on Ashcroft; evidently they had no qualms . . .

about simply running him over -- and twice; once when he was in the hospital!!!!

And, Comey, just dismissing his "no" --

These simply look like guys who have been used to operating in dark corners where no one sees what they're doing and bullying their way thru.

And, yet, the Democrats seem scared witless by them -- so I think they must recognize that there has been VIOLENCE done in the past and that it's possible in the future.
We have to try to know about this and I think someone has to start coming clean on all of this so we can get it into the open. When they failed to acknowledge the coup on JFK they made themselves more vulnerable.

I remember, quite some time ago, our NJ Senator Bill Bradley trying to open some discussion . . .
and commenting that he, as a member of the intelligence oversight panel, had been bugged!!!

And evidently this was commonplace -- I think members of the SC were bugged going back a way.

Nixon bugging Kissinger -- !!!!

[progressoid]

25. OK...today is Friday...so this should all be wrapped up by the week after NEVER.

[proud patriot]

27. Well I'm skeptical but hopeful

:think: x(

[nadinbrzezinski]

28. Friday news dump

So how many want to bet Antonio Romero will be on EVERY Sunday show?

No?

Another reality perhaps

[burythehatchet]

29. we'll catch him on Colbert

[Richard Steele]

31. Just like when a court ordered them to release the AbuGhraib photos. nm

[Duppers]

32. psshhhhh. this is KING GEORGE. what are they going to do?

this is no longer a democracy, folks.

the 26% is controlling the whole country.

[NJCher]

36. even so

It is good to see them put in a position where they have to again show their stripes. Show contempt for the court. Demonstrate one more time they don't even pretend to observe our tradition as a nation of laws.

Considering sofa king's post, though, I'm not holding my breath for any real progress here.



Cher

[nolabels]

38. Yea, and like screw that memo about fighting them over there.........

the real fight is right at the front door :shrug:



Time to wake up, there is nobody or nothing that is going to come in to save anything, it's all up to us

[DU GrovelBot]

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[ProudDad]

34. We all know bush will ignore the order

What is the Dem "leadership" gonna do?

Hey, how about impeachment? :shrug:

[L. Coyote]

35. In a Nation of Laws, shit happens Mr. Bush!

Like law enforcement by courts.

[Vidar]

37. K&R.

[malaise]

40. K & R

Great news

[defendandprotect]

41. Watched some of it on C-span -- and the judges didn't seem to be buying * BS --

In fact, coming to the heart of the question . . . .
if government -- i.e., * -- says something is "secret/national security" then the King gets what he wants.

* lawyers don't like to face that question; they like to deflect it.

Intimidation of those who collect intelligence has been widespread -- and as we see from Ashcroft/Comey at the highest levels now there is aggressive intimidation.

Those who are supposed to provide oversight seemingly have also been intimidated because of "national security/secrecy." And by that means, they have greatly lessened the oversight even when it exists -- until now even the FISA court's rulings are challenged.

[aquart]

50. These are NOT liberal judges, right?

[defendandprotect]

52. Don't think so; but I'm not totally familiar with it all, plus I think FISA courts ....

have already ruled against Bush's desires twice now???
Unfortunately, I don't know nearly enough about all of this.
But I did send a check to the ACLU yesterday --

[spanone]

42. i predict the little shit will ignore fisa or anyone else.

[ChiciB1]

51. Gee, Shall I Laugh Now Or Later??? If BFEE Ever Hands Over ANYTHING

it will be nothing but LIES! They are MASTERS of CORRUPTION and will probably RE-WRITE every single word, forget about redaction, it's been over-used and they need FABRICATION now!

[B Calm]

53. Bush ignores the rule of law..

[orleans]

55. a belated kick (at first i thought the title of the thread was a joke

and then i noticed that *you* started it and i took it seriously)

and in all seriousness--do we really think bush will even acknowledge this? let alone respond to it?

[MiniMe]

57. This will eventually go to the Supreme Court, where they will rule in *co's favor

Lower courts mean nothing to this administration, they are just a fly buzzing around their heads that needs to be swatted down.