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Obama DOJ Defies Federal Judge ( Lawyers Refuse to Release Document in Wiretapping Case)
The Washington Independent ^ | 3/2/09 12:37 AM | Daphne Eviatar

Posted on 03/04/2009 8:26:44 AM PST by Ernest_at_the_Beach

A heated confrontation is brewing between the Obama administration and the federal judiciary.

Late on Friday, the Justice Department’s lawyers filed a brief with a federal district court in California challenging the court’s power to carry out its own order. The government lawyers insisted that the court has no right to make available to the opposing lawyers in the case a classified document regarding the Bush administration’s warrantless wiretapping program, even though the document is critical to the lawsuit, the lawyers can obtain the necessary top-secret security clearances, and the document would not be released publicly.

Illustration by: Matt Mahurin

Illustration by: Matt Mahurin

As TWI reported on Friday, the case of Al-Haramain v. Obama presents one of the first direct challenges by a victim of the Bush National Security Agency’s warrantless wiretapping program against government officials. But the government has argued vigorously to have the case dismissed, invoking the so-called “state secrets privilege” to refuse to turn over information about the program, and has refused to provide the organization’s lawyers use of a document that reportedly reveals that Al Haramain was one of the program’s victims. Although U.S. District Judge Vaughn Walker has repeatedly rejected the Justice Department’s argument, DOJ lawyers filed an emergency appeal; on Friday afternoon, the Ninth Circuit Court of Appeals rejected it.

(Excerpt) Read more at washingtonindependent.com ...


TOPICS: Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: obama; tm; wiretaps

1 posted on 03/04/2009 8:26:44 AM PST by Ernest_at_the_Beach
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To: Ernest_at_the_Beach

Obama is attacking every facet of the Constitution, isn’t he? Ambitious little Bas#$%d!


2 posted on 03/04/2009 8:29:20 AM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: Ernest_at_the_Beach
Late on Friday, the Justice Department’s lawyers filed a brief with a federal district court in California challenging the court’s power to carry out its own order.

There's no controlling legal authority!

Anyone remember that line?

3 posted on 03/04/2009 8:30:16 AM PST by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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Previous report and thread:

Glimmers of Bush: Does National Security Trump the Law?

4 posted on 03/04/2009 8:35:30 AM PST by Ernest_at_the_Beach (What happened to my IRAs)
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To: txnativegop; Islander7

See link at #4.


5 posted on 03/04/2009 8:36:30 AM PST by Ernest_at_the_Beach (What happened to my IRAs)
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To: Ernest_at_the_Beach

I guess reviewing the daily security briefing puts things in a different perspective.


6 posted on 03/04/2009 8:41:34 AM PST by rwa265 (Christ, My Cornerstone)
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To: Ernest_at_the_Beach

It is my naive understanding that a Court’s jurisdiction extends only as far as it can enforce its orders. Is this true?


7 posted on 03/04/2009 8:45:52 AM PST by Citizen Tom Paine (Swift as the wind; Calmly majestic as a forest; Steady as the mountains.)
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To: Ernest_at_the_Beach

King Obama is the stupidest rat face nitwit of a human being. Tearing apart the very things that Bush did to protect America in time of war. And this damn fool doesn’t realize that this war with terrorist is still raging. This basta## needs to go.


8 posted on 03/04/2009 8:46:15 AM PST by Logical me (Oh, well!!!)
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To: Ernest_at_the_Beach
....one of the first direct challenges by a victim of the Bush National Security Agency’s warrantless wiretapping program.... the so-called “state secrets privilege”.... a document that reportedly reveals that Al Haramain was one of the program’s victims.

"Victim". "So called".
I never heard of The Washington Independent, but I think I know what it is.

9 posted on 03/04/2009 8:49:51 AM PST by Lancey Howard
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To: Ernest_at_the_Beach

Sounds like Obama is defending the Bush policy. Not sure what to make of this... yet.


10 posted on 03/04/2009 8:50:42 AM PST by Nachum (Documented Obama confusion)
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To: Nachum

You have made the correct interpretation. They are supporting the Bush Policy. The 9th Circuit has ruled against them, but don’t worry about that. The 9th circuit has a great track record of being overturned by the Supreme Court.


11 posted on 03/04/2009 8:55:06 AM PST by Old Retired Army Guy (tHE)
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To: Citizen Tom Paine; Logical me; Lancey Howard; Nachum; Old Retired Army Guy

Do see the Material I have added at the thread ...linked at post #4.....


12 posted on 03/04/2009 9:05:18 AM PST by Ernest_at_the_Beach (What happened to my IRAs)
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To: Ernest_at_the_Beach

The Obambi DOJ is going to make Bush’s look like a bunch of Boy Scouts by comparison!


13 posted on 03/04/2009 9:07:10 AM PST by Ev Reeman
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