US Supreme Court Denies Review of NSA Warrantless Surveillance Case
Center for Constitutional Rights | March 4, 2014
New York – The Supreme Court announced yesterday that it would not hear Center for Constitutional Rights v. Obama, a lawsuit challenging the National Security Agency’s warrantless surveillance of people within the United States. The suit sought an injunction ordering the government to destroy any records of surveillance that it still retains from the illegal NSA program. The Center for Constitutional Rights issued the following statement in response to the Court’s decision:
The Supreme Court’s refusal to review this case guarantees that the federal courts will never address a fundamental question: Was the warrantless surveillance program the NSA carried out on President Bush’s orders legal? The Court’s decision also guarantees that the Obama administration, which has for the last five years refused to take any position on that question, will now never have to answer either.
Despite mounting evidence of government spying on attorneys’ privileged communications, the Court yesterday declined to review the lower court’s determination that CCR attorneys’ fears of surveillance under President Bush’s NSA program, which involved no review by judges or Congress and flew directly in the face of express criminal prohibitions, were too “speculative” to allow CCR to challenge the program in court.
The Court’s decision comes as increasing evidence suggests the government has been surveilling attorney-client communications for some time. The New York Times recently reported that in 2013 the NSA surveilled law firm Mayer Brown while it represented the government of Indonesia in trade talks with the United States. In 2008, The Times reported Justice Department officials had confirmed that attorney-client communications in terrorism cases were sometimes subject to surveillance. And a document accidentally released to an Islamic charity in 2004 indicated that the D.C.-based attorneys for the charity had been subject to surveillance while speaking to their clients.
A memo released by whistleblower Edward Snowden indicated that the government only excludes attorney-client communications from collection when the client is under actual indictment in the United States. Communications of attorneys not directly with a client (for example, with expert witnesses or investigators abroad), or with a client not formally charged in the United States (including, for example, the Center for Constitutional Rights’ many Guantanamo detainee clients, none of whom are charged in federal courts) might now be subject to surveillance under broad orders issued under the current FISA statute.
press@ccrjustice.org
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From the Archives
Is the Israel Lobby Only a Chimp Among Gorillas?
By DIANA JOHNSTONE | CounterPunch | September 23, 2013
Some friendly criticism of our article “The People Against the 800 Pound Gorilla” provides a welcome opportunity to clarify the discussion. Shamus Cooke, while largely agreeing with the points made by Jean Bricmont and myself, reproaches us for focusing on the pro-Israel lobby as the major factor promoting U.S. war against Syria to the detriment of much bigger factors: the U.S. capitalist class, the big banks, “empire”, oil, the military-industrial complex – in a word, capitalism.
The problem with our article, writes Shamus Cooke, “is that the authors elevate the Israeli gorilla to a weight class it doesn’t belong in; and in so doing the authors are forced to minimize the size of several other giant gorillas, whose combined weight overshadows the Israeli chimp.”
Of course, “capitalism”, however you want to define it, vastly dwarfs the Israel lobby. So do the military-industrial complex, the oil business, or U.S. imperialism, all of which have existed prior to and independently of the Israel lobby.
But is weighing the Israel lobby against “capitalism” a valid comparison? … continue
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