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
bmaz Golly, who could have expected another systemic problem with the FBI Crime Lab? https://t.co/67DC9e9PS4
6hreplyretweetfavorite
bmaz @TerryOlson Yes, very seriously.
6hreplyretweetfavorite
bmaz @tomcollinsaz Excellent call.
6hreplyretweetfavorite
bmaz Have to say, the Phoenix Police Department has done a remarkable job today and tonight at the #PHxMosque site.
6hreplyretweetfavorite
bmaz @Nick_Hentoff Yep, exactly.
6hreplyretweetfavorite
JimWhiteGNV Definitely the food highlight of our trip. Terrific dinner tonight @BandarSanDiego
6hreplyretweetfavorite
bmaz @Nick_Hentoff Jeebus, I've not only never heard of that atty, I don't think I've heard of anybody in his firm either. Had it about right tho
6hreplyretweetfavorite
emptywheel @normative Sorry if you interpret me treating McConnell as the adversary as a dis. Stay on target. @NathanielDWhite
7hreplyretweetfavorite
emptywheel @NathanielDWhite I certainly could do a longer response but I have higher priorities over next 2 days. @normative
7hreplyretweetfavorite
emptywheel @NathanielDWhite The Medium one?Didn't write it, but short version is it only makes sense if ACLU & corporations have no lawyers @normative
7hreplyretweetfavorite
emptywheel @sjgloria Sure. But let's be clear. They're running a hate rally, not a protest.
7hreplyretweetfavorite
January 2013
S M T W T F S
« Dec   Feb »
 12345
6789101112
13141516171819
20212223242526
2728293031