The EFF and other groups are challenging the constitutionality of the revised FISA that gives the telcoms retroactive immunity. Judge Vaughn Walker has asked the attorneys to provide answers to these 11 questions and I found 3 of them that I think are VERY important to the rule of law in America:
Emptywheel has a post about this trial and there are good comments. Threat Level has been live blogging the hearing.
1. Given the extensive information about the telecommunications carriers’ cooperation with the government in the wake of the September 11, 2001 attacks that is publicly known and acknowledged by the government, how is the national security harmed if this cooperation is certified on the public record?
3. Is due process not compromised by the lack of an open adversarial process? How can national security concerns warrant such a compromise here? What is the harm in disclosing past cooperation in connection with adjudicating immunity for that past cooperation?
7. To the extent that section 802(a)(5) requires dismissal of an action against a person who did not provide assistance if the Attorney General submits a
certification under that provision, is the Act simply one that provides the Attorney General unlimited discretion? Inasmuch as the Attorney General can provide immunity under section 802(a)(5) to a person who did not provide assistance, is not his authority under the FISA amendments essentially boundless?
Emptywheel has a post about this trial and there are good comments. Threat Level has been live blogging the hearing.
Posts
No comments:
Post a Comment