DOJ Urges Dismissal of Warrantless Wiretapping Case Brought on Behalf of AT&T Customers

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The Obama-Holder Department of Justice (DOJ) Friday filed a brief seeking dismissal of a warrantless wiretapping case -- Jewel v. NSA -- in a U.S. District Court in California. The DOJ argues lack of jurisdiction and seeks to "uphold the government's privilege assertions" based on the "state secrets" privilege and asserting "sovereign immunity." According to the Electronic Frontier Foundation (EFF), who brought the case:

In Jewel v. NSA, EFF is suing the National Security Agency (NSA) and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records.

Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.

In a response Monday to the government filing for dismissal, EFF Senior Staff Attorney Kevin Bankston accused the Obama Justice Department of "continuing the Bush administration's cover-up of the National Security Agency's dragnet surveillance of millions of Americans ... "

For in-depth analysis, see:

New and worse secrecy and immunity claims from the Obama DOJ (Glenn Greenwald, salon.com)

Shut Up: It's Still A Secret (Marc Ambinder, theatlantic.com)

Following Bush lead, Obama moves to block challenge to wiretapping program (John Byrne, rawstory.com)

Obama Lawyers Invoke "State Secrets" to Block Warrantless Spying Lawsuit (Liliana Segura, alternet.org)

The DOJ filing is here.

A BUZZFLASH NEWS ALERT

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