Feds Seek To Block Surveillance Lawsuit Filed By Islamic Charity Suspected Of Terror Ties
Here is an example of just how twisted our system is.
Via AP
U.S. Justice Department lawyers filed an appeal Friday aimed at blocking a lawsuit by a former Islamic charity that has challenged a Bush administration secret surveillance program.
U.S. District Judge Garr M. King ruled earlier this month that a lawsuit by the defunct Al-Haramain Islamic Foundation chapter in Ashland could go forward without damaging national security.
So, hold on one second. Why is this Islamic charity defunct? Well, that would be because On January 29th, 2004 the foundation was added to the United Nations list of groups whose assets are to be blocked due to suspected ties to Osama bin Laden or his al-Qaida network. The thing that has me puzzled is that they didn’t file this lawsuit until February 28, 2006. How do we even entertain the idea that they have any standing whatsoever?
But government lawyers argue that state secrets would be revealed if the lawsuit is allowed to proceed.
The case hinges on a classified document that U.S. Treasury officials inadvertently turned over to Al-Haramain lawyers after the charity was declared a global terrorist organization.
Hold on! Here is where I criticize the government. How does someone “inadvertently” turn over classified documents containing state secrets AFTER the front group has been declared a terrorist organization? How could someone even conceive of giving a group like that access to anything resembling classified information? Someone really screwed up here majorly.
However, I think it most certainly would reveal state secrets to allow a case like this to go forward. I’m still lost on how a “terrorist organization” can file a suit in the first place. If someone understands this, please fill me in.
The charity’s attorneys say the document shows that two U.S. lawyers for Al-Haramain and at least one of its officials were under electronic surveillance in 2004.
You don’t say? And it looks to me like they were under surveillance for very good reason.
Justice Department lawyers have argued the document falls under the “state secrets privilege,” allowing a judge to dismiss a lawsuit if it could damage national security by revealing state secrets.
As if “inadvertantly” handing over classified information, that “just so happens” to contain information that pertained to the monitoring of lawyers within a terror funding front group, to that very organization doesn’t damage national security enough? It seems pretty obvious to me that having this case move forward could further damage our security. I still think that I have to be missing something.
The worst thing about all of this? I predict that the government’s argument to preserve state secrets, regardless of all of the obvious in this case, will fail. Not only has this argument failed in all the other Surveillance cases but particular appeal is going before a special court well known for its insanity. That’s right…the infamous ninth circuit.
The appeal filed with the 9th U.S. Circuit Court of Appeals in San Francisco said “the district court is wrongly attempting to create some form of secret adversarial proceedings, and, in doing so, is raising a serious danger of disclosure of important national security information.”
Surely I am missing something.
Andrew Cochran of Counterterrorism Blog says:
I know a lot about this, because Daveed worked for Al Haramain before he got smart and left Islam, and then became a key FBI witness against them.. It’s simple: the government lawyer screwed up, gave them a classified document years ago, and the FBI wants it back, and AH says no. They’re suing and DOJ wants to stop them from suing. But it started with a stupid mistake by our side.
If this “charity” has been deemed a terrorist funding front group, then how do they have any standing to file a case?
Because they’re still a legal entity in the US. Their assets were frozen and two US leaders were indicted (and fled the country), but they had other personnel and left some lawyers behind. Some of the other foundations taken down still have a legal presence ( e.g., Holy Land).
I see. Isn’t that quite insane?
Of course - it’s the world of terrorism!
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