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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Emptywheel Twitterverse
bmaz @caidid Late night/early mooring Twitter is sparse. Easier for those of us in the west.
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bmaz @nigelduara @jackgillum Ha! Nope, seriously, this was great work.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer a non-DP 1st degree plea, you are a bigger idiot than you seem. That was the "way" referred to
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer It was an hour and a half you disingenuous twit, and if you don't think you can get LWOP on...
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bmaz @nigelduara @jackgillum Hey, this conversation looks like fun, can I play too? Also, nice work by AP.
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bmaz @JimDaniielski Why don't you go fuck yourself.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer I admitted I made an inadvertent mistake in haste, get over yourself jerk.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer I've been practicing criminal law here in AZ for 25+ years. My memory is fine asshole.
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bmaz @JimDaniielski @TrialDiariesJ @michaelbkiefer Hey jerko, I was in a movie theater and typed something on a phone as the movie was starting.
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bmaz @trevortimm Maybe, maybe not. That enhanced offense level from 21 to 23. But could have still been sentenced to the 48 months on a level 21
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bmaz @prosediva It gets better. It has to!
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bmaz @LegallyErin @chrisgeidner Well, you know if they got the local disability judges too... #WhatTheFuckIsWrongInAlabama
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January 2013
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