David Kirkpatrick

July 17, 2009

Obama, Bush and warrantless wiretapping

I’m of two minds on this case. On one side I think the government has a legitimate interest in keeping the general public in the dark about elements of spycraft sausage-making. Flip that coin over and you have a double dose of privacy concerns and the government essentially arguing it can’t be held accountable by the very people who “own” the government in United States citizens.

Obama’s rapidly disillusioned supporters see the DoJ actions as a betrayal. I tend to see this as protecting entrenched interests of the executive branch. Some of these interests are part of the dark Bush 43 legacy.

Of course one reason I voted for Obama was for the White House to get out the cleaning fluids and scrub away the insidious creep of the government into privacy and civil liberties. Change? Maybe not so much. Hopefully only not so much just yet.

From the link:

Lawyers from the U.S. Department of Justice and the Electronic Frontier Foundation squared off in a San Francisco courtroom Wednesday over a warrantless wiretapping program instituted by the Bush administration. The EFF sued the government and officials who implemented the secret program in September in an effort to get the government to stop the practice of recording communications involving U.S. citizens without a federal warrant. The EFF argues that this warrantless wiretapping is illegal, but government lawyers say the lawsuit should be thrown out because it could lead to the disclosure of state secrets.

The judge in the case, Vaughn Walker of the U.S. District Court for the Northern District of California, already heard most of these arguments during an ongoing 2006 suit, Hepting v. AT&T, that also sought to put an end to the program. The EFF brought this second suit, Jewel v. NSA, after Congress passed a law last year that protected telecommunications companies like AT&T from lawsuits over the wiretapping.

Click here to find out more! On Wednesday, DoJ lawyer Anthony Coppolino argued that federal laws allow people to sue government employees who leak information, but do not let them sue the government itself. Coppolino added that litigating such cases could put state secrets at risk by exposing details of the government’s anti-terrorist programs.

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