Court rejects wiretapping lawsuit
WASHINGTON (AP) - February 19, 2008 The justices' decision, issued without comment, is the latest
setback to legal efforts to force disclosure of details of the
warrantless wiretapping that began after the Sept. 11 attacks.
The American Civil Liberties Union wanted the court to allow a
lawsuit by the group and individuals over the wiretapping program.
The 6th U.S. Circuit Court of Appeals dismissed the suit, saying
the plaintiffs could not prove their communications had been
monitored.
The government has refused to turn over information about the
closely guarded program that could reveal who has been under
surveillance.
ACLU legal director Steven R. Shapiro has said his group is in a
"Catch-22" because the government says the identities of people
whose communications have been intercepted is secret. But only
people who know they have been wiretapped can sue over the program,
Shapiro has said.
The 9th U.S. Circuit Court of Appeals last year ruled against an
Islamic charity that also challenged program, concluding that a key
piece of evidence is protected as a state secret.
In that case, the Oregon-based U.S. arm of the Al-Haramain
Islamic Foundation alleged the National Security Agency illegally
listened to its calls. The charity had wanted to introduce as
evidence a top-secret call log it received mistakenly from the
Treasury Department.
A separate lawsuit against telecommunications companies that
have cooperated with the government is pending in the San
Francisco-based appeals court. A U.S. district court also is
examining whether the warrantless surveillance of people in the
United States violates the law that regulates the wiretapping of
suspected terrorists and requires the approval of a secret court.
The case is ACLU v. NSA, 07-468.
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