Harry Pregerson

“Liberal” 9th Circuit Deals Death Blow To Al-Haramain Illegal Wiretapping Accountability Case

There is only one substantive case left in litigation with the ability to bring tangible accountability for the illegal and unconstitutional acts of the Bush/Cheney Administration’s warrantless wiretapping and surveillance program. That case is Al-Haramain v. Bush/Obama. Yes, there is still Clapper v. Amnesty International, but that is a prospective case of a different nature, and was never designed to attack the substantive crimes of the previous Administration.

A little over a couple of hours ago, late morning here in the 9th, the vaunted “most liberal of all Circuit Courts of Appeal”, the Ninth Circuit, drove what may be the final stake in the heart of Al-Haramain by declining to conduct an en banc review of its August 7, 2012 opinion. The notice from the court today is brief:

The opinion filed on August 7, 2012, and appearing at 690 F.3d 1089, is hereby amended. An amended opinion is filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc.

The full court has been advised of the petition for rehearing and rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for en banc or panel rehearing shall be permitted.

Before going further with analysis, a word about the “amendments” to the opinion. The “Amended Opinion” is here. You can compare for yourself to the August 7 original opinion linked above, but the difference is pretty slight.

It appears all the court did is delete a few sentences here and there about 18 USC 2712(b). The court did not address, nor change, their erroneous assertion that plaintiffs’ Al-Haramain could have sued under 1806(a), or restore the misleadingly-omitted (by elipsis) language from 1806(a). Nor did the Continue reading

Emptywheel Twitterverse
emptywheel @puellavulnerata Actually don't know. Lots of possibilities.
2hreplyretweetfavorite
emptywheel @alanhkaiser What? Sorry, that's fucking nuts. Of course he's lying. @trevortimm
3hreplyretweetfavorite
emptywheel @liferstate Oh, they're generally sorted. I need to go through & decide what to keep, what someone might want, what has too many annotations
3hreplyretweetfavorite
emptywheel @billmon1 Nothing a few InfoOp fliers can't fix.
3hreplyretweetfavorite
emptywheel @John_Hudson Well, I think I've got a solution! Primary challenge threats! It's the solution to everything!
3hreplyretweetfavorite
emptywheel @B_Amer Yup. Didn't expect that kind! Music related? @alreinke
3hreplyretweetfavorite
emptywheel @John_Hudson To be fair, kind of hard for city to deal w/100 year flood and top 10 snow year in same year. Blame Fat Al Gore.
3hreplyretweetfavorite
emptywheel @B_Amer ? Am I not looking closely enough at pics? @alreinke
3hreplyretweetfavorite
emptywheel @B_Amer Fun pic. Looks gorgeous. (Tho hot.)
3hreplyretweetfavorite
emptywheel @polyparadigm Since DeVos may demand anything on threat of primaries, he should just demand they use some ... novel material.
3hreplyretweetfavorite
bmaz @Gaius_Publius Yes, saw them once or twice a year back in the day against the Suns. Still, been long time, had forgotten ho evil really were
3hreplyretweetfavorite
emptywheel @B_Amer You missing someone??
4hreplyretweetfavorite
April 2014
S M T W T F S
« Mar    
 12345
6789101112
13141516171819
20212223242526
27282930