Al-Haramain Will Not Appeal 9th Circuit Decision Immunizing Illegal Wiretapping

The single best chance to hold the government accountable for its illegal wiretapping, the al-Haramain suit, is over.

Our goal was for the judiciary to rule that the president may not disregard an act of Congress in the name of national security.

[snip]

Ironically, although we had sought a judicial pronouncement that the president may not violate FISA, the 9th Circuit instead proclaimed that he can get away with it.

[snip]

We have decided not to challenge the 9th Circuit’s ruling in the U.S. Supreme Court. We feel that, given the Supreme Court’s current ideological tilt, it is better to leave other courts free to disagree with the 9th Circuit than to risk a bad ruling by the current Supreme Court.

The Al-Haramain case is over. Perhaps someday another court will adjudicate the scope of the president’s domestic wiretapping powers in a national climate less charged by post-9/11 fears.

With these words, Jon Eisenberg, the lawyer representing al-Haramain in its suit against the government for violating FISA, publicly described his decision not to appeal the 9th Circuit’s finding that the government is immune from penalties for violating FISA.

The resolution of the al-Haramain case has been little noted in the halls of DC. But it really underlies the entire debate about the FISA Amendments Act extension.

Because as shitty as the law just renewed is, the government also now knows that they don’t even have to follow that law. They are effectively immune from the law.

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7 Responses to Al-Haramain Will Not Appeal 9th Circuit Decision Immunizing Illegal Wiretapping

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bmaz @mattapuzzo @emptywheel The Trayvon Martin investigation was done the second it started.
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bmaz @sahilkapur @brianbeutler Which is exactly why both sides of this discussion are absolutely nuts.
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bmaz @sahilkapur @brianbeutler Why not? After all, Dems are claiming a mandate/win for OCare when they are losing seats, why can't GOP claim win?
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bmaz @OKnox @emptywheel @nielslesniewski Can Ted Cruz be Majority Leader and Speaker of the House at the same time?
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bmaz @CitizenCohn @NickBaumann @brianbeutler Let's see, Dems going to lose ground in House+prob lose Senate, but OCare is winner? Get a grip.
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bmaz @ddayen Better news for Preet.
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bmaz Stewart Baker, a consistently horrible person https://t.co/win4gOAmQ0 via @Techdirt
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bmaz @OKnox @erinscafe Wait, there is no pay for this here internet thingy??
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bmaz @ColMorrisDavis @AlexanderAbdo @ACLU And that is fully necessary, I might add.
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bmaz @AlexanderAbdo @ColMorrisDavis @ACLU You cannot stop it.
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bmaz @benjaminwittes Hey, that is awesome even on a Saturday morning!
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bmaz @GrantWoods They are really good, even in an acoustically constrained place like Tarbell's Tavern.
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