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Title: Domestic Surveillance Case Takes New Turn
Source:
Oregon Public Broadcasting
URL Source: http://www.publicbroadcasting.net/o ... tion=article&ARTICLE_ID=893189
Published: Mar 24, 2006
Author: Colin Fogarty
Post Date: 2006-03-24 09:39:14 by Phaedrus
Keywords: Surveillance, Domestic, Takes
Views: 5
Comments: 1
PORTLAND, OR 2006-03-22 The Portland lawsuit challenging the Bush administration's domestic surveillance program has taken a turn that makes it sound more like a thriller for the silver screen than a case for constitutional law books. One lawyer says someone may have broken into his home and his office. And the contents of a document considered central to the case remains secret. Colin Fogarty has the story. If this were a movie, the opening scene could be lifted right out of All the President's Men. Portland attorney Thomas Nelson says one night last year his colleague noticed a suspicious man trying to get into an office they shared. Thomas Nelson: "Some of the papers on my desk had been rearranged and my computer in at least one instance was rebooted." That's not all. Around the same time, Nelson says he had trouble with the security system at his house in Zig Zag. Nelson has never seen a warrant for any kind of physical search by the government. He wrote letters to the US Attorney in Portland Karin Immergut, who wrote back saying the government takes attorney client privilege seriously and that the FBI would not conduct a search without consent or a court order. Thomas Nelson: "You know, I don't have a smoking gun. I can't say beyond a reasonable doubt or even clear and convincing. But the events happened at a time when the government was interested in obtaining material from me that I think they thought I had." The "material" Nelson refers to is a document that's the lynchpin of a legal challenge to the domestic spying by the National Security Agency authorized by President Bush. Last year, in another scene reminiscent of All the President's Men , a document labeled as "classified" found its way to the Washington Post. Reporter David Ottoway said the document appeared to be a summary of one or more conversations intercepted by the government. A letter from the FBI said that release of what the agency called a "highly sensitive" document was inadvertent. The government asked for it back and the Post complied. Editors there say it didn't relate to the story its reporter was investigating and came well before anyone knew of the warrantless wiretapping program. Now, that same document is being kept under seal at the federal court in Portland. Charlie Hinkle: "These documents have now been filed in federal court. They are part of the public judicial process by which a claim has been made against the government that illegal conduct occurred." Portland attorney Charlie Hinkle represents the Oregonian newspaper. He's asking federal district judge Garr King to make the document in question public. Hinkle says it's the government's burden to show a compelling interest in keeping the document sealed. Charlie Hinkle: "It has been reported in the Washington Post and elsewhere that these documents reflect the fact that the government eavesdropped illegally and unconstitutionally on certain attorney-client communications. I don't know whether that is true or not. But if it is true, we think the public is entitled to know that government eavesdropping took place." The government opposes Hinkle's request. US Department of Justice spokesman Brian Roehrkasse declined to comment on pending litigation, other than to say the government will "vigorously defend the charges in this case". © Copyright 2006, OPB
Poster Comment: Dubya says the Constitution is a "goddam piece of paper", it's reported. This story says he's acting accordingly. So where's the mainstream media?
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#1. To: Phaedrus (#0)
Yeah, right. They've probably declared him a "terrorist" for challenging Emperor Chimp and if pressed on the matter will invoke the "Patriot" Act.
He wrote letters to the US Attorney in Portland Karin Immergut, who wrote back saying the government takes attorney client privilege seriously and that the FBI would not conduct a search without consent or a court order.
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