Obama administration: Toss wiretap lawsuit
Headline Legal News
Attorney General Eric Holder says a lawsuit in San Francisco over warrantless wiretapping threatens to expose ongoing intelligence work and must be thrown out.
In making the argument, the Obama administration agreed with the Bush administration's position on the case but insists it came to the decision differently. A civil liberties group criticized the move Friday as a retreat from promises President Barack Obama made as a candidate.
Holder's effort to stop the lawsuit marks the first time the administration has tried to invoke the state secrets privilege under a new policy it launched last month designed to make such a legal argument more difficult.
Under the state secrets privilege, the government can have a lawsuit dismissed if hearing the case would jeopardize national security.
The Bush administration invoked the privilege numerous times in lawsuits over various post-9/11 programs, but the Obama administration recently announced that only a limited number of senior Justice Department officials would be able to make such decisions. It also agreed to provide confidential information to the courts in such cases.
Under the new approach, an agency trying to keep such information secret would have to convince the attorney general and a panel of Justice Department lawyers that its release would compromise national security.
Holder said that in the current case, that review process convinced him "there is no way for this case to move forward without jeopardizing ongoing intelligence activities that we rely upon to protect the safety of the American people."
The lawsuit was filed by a group of individuals who claimed the government illegally monitored their communications. To proceed with the case, Holder said, would expose intelligence sources and methods.
Related listings
-
Nokia’s lawsuit against Apple over iPhone likely a negotiating tactic over licensing fees
Headline Legal News 10/26/2009CrunchGear's Jeremy Kessel recnetly spoke with "Barry L. Cohen, Esq.,who specializes in commercial and business litigation and intellectualproperty litigation and licensing at Thorp Reed & Armstrong,[regarding] his thoughts on the Nokia v. Apple ...
-
Madoff trustee sues Madoff family for almost $200M
Headline Legal News 10/02/2009Bernard Madoff's brother, sons and a niece used the family finance business like a "piggy bank," a court-appointed trustee charged Friday as he demanded in a lawsuit that they return almost $200 million in money to be distributed to cheated investors...
-
ACLU Demands Info On DHS Computer Searches At Borders
Headline Legal News 08/28/2009According to Courthouse News, the ACLU demands information on the Department of Homeland Security's policy on searching laptop computers at international borders. The DHS' Customs and Border Protection office announced in July that it can search elec...
Any contracts or any transactions can go awry at any time
We know your business means a lot to you and want to understand all the aspects of your business so that we can help you in the best ways possible. We don’t discriminate depending on the size of your company. Our mission statement is to represent all business owners and entrepreneurs by navigating them through the rough waters of business litigation and guiding them to success.
We are attorneys who want to make sure we understand your business objectives and goals before we start providing you with legal counsel individualized to your business. We know what it means to be dedicated to your business. After all, we are a business as well. And just like you, we want to provide the best service we can to our clients.
Any contracts or any transactions can go awry at any time. Sometimes, making important business decisions without legal help from business attorneys could cost you your business.We don’t want you or your business to be misconstrued by anyone. Our attorneys make sure that we communicate with you often to make sure we are giving you the legal guidance you need at all times. We make sure we are responsive in a timely-manner with every single one of our clients to help them identify risks and prevent legal battles before they arise.