-Caveat Lector-

Begin forwarded message:

Date: May 29, 2006 5:54:48 PM PDT
Subject: President Tell Courts What Cases They Can Hear

Bush wants spy suits thrown out over secrets


BY DAVID B. CARUSO

Chicago Sun Times, May 28 2006 

 

http://www.suntimes.com/output/news/cst-nws-spy28.html



NEW YORK -- The Bush administration has asked federal judges in New York and Michigan to dismiss a pair of lawsuits filed over the National Security Agency's domestic eavesdropping program, saying litigating them would jeopardize state secrets.

In papers filed late Friday, Justice Department lawyers said it would be impossible to defend the legality of the spying program without disclosing classified information that could be of value to suspected terrorists.

National Intelligence Director John Negroponte invoked the state secrets privilege on behalf of the administration, writing that disclosure of such information would cause "exceptionally grave damage" to national security.

The administration laid out some supporting arguments in classified memos filed under seal.

The government's motion, widely anticipated, involves two cases challenging an NSA program that allows investigators to eavesdrop on Americans who communicate with people outside the country suspected of terrorist ties.

In New York, the Center for Constitutional Rights has asked a judge to stop the program, saying it was an abuse of presidential power. The American Civil Liberties Union and other groups filed a similar lawsuit in Detroit.

U.S. law enforcement and intelligence agencies have been required to seek court approval before using electronic surveillance on Americans. That was not done by the NSA, but President Bush has said the eavesdropping was made legal by a congressional resolution passed after Sept. 11.

Motion called 'undemocratic'



Shayana Kadidal, an attorney for the Center for Constitutional Rights, called the administration's motion "undemocratic."

Safeguards could be put in place to allow the case to continue without disclosing classified information, he said.

"The Bush administration is trying to crush a very strong case against domestic spying without any evidence or argument," Kadidal said. "Can the president tell the courts which cases they can rule on? If so, the courts will never be able to hold the president accountable for breaking the law."


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