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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

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

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
Emptywheel Twitterverse
JimWhiteGNV Can you imagine the "brainstorming" sessions when O'Keefe and his buddies come up with new plans? #TheStupidBurns #OpSecNotAStrongPoint
8mreplyretweetfavorite
JimWhiteGNV RT @DavidCornDC: A hoot. James O'Keefe puts on a disguise mustache & goes undercover-but tweets out a pic of his undercover self. http://t.…
9mreplyretweetfavorite
emptywheel @granick Maybe whole Comey thing is just a pose he and Apple worked out to give them cred while they comeup w/new way to obtain neat data?
21mreplyretweetfavorite
emptywheel @jljacobson You might find him a fun -- neon -- wig. I used to wear mine when I needed energy for high energy social events.
35mreplyretweetfavorite
emptywheel People people people. As Jim Comey assured you Apple doesn't need to secure its products. http://t.co/GrBNgfi7my
37mreplyretweetfavorite
emptywheel Has anyone yet asked Jim Comey what he thinks of Apple's location/query collection? Good or bad marketing ploy, per him?
44mreplyretweetfavorite
emptywheel RT @New_Narrative: How the FBI uses social media to find potential terrorist recruits (it involves catfishing) http://t.co/TtFcx9lh3E http:…
46mreplyretweetfavorite
emptywheel @dandrezner Can I interest you in being appointed the Bird Flu Czar?
57mreplyretweetfavorite
emptywheel @speechboy71 Busy. I've been finding a document govt didn't but should have given to FISC a day lately. Hard to keep up w/them all.
1hreplyretweetfavorite
JimWhiteGNV RT @seanpaulkelley: When @AmbassadorPower smiles with Henry Kissinger you know your foreign policy is utterly and irredeemably fucked. http…
1hreplyretweetfavorite
emptywheel @eljefekenney It's like a "Where's Waldo" game except the war criminal taking shots w/all the Dem gals.
1hreplyretweetfavorite
emptywheel "This is me talking abt war crimes w/Hillary on my lap. & me talking about torture chatting up Sam Power." --Heny Kissinger, depressing base
1hreplyretweetfavorite
January 2013
S M T W T F S
« Dec   Feb »
 12345
6789101112
13141516171819
20212223242526
2728293031