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US Secret Court Rejects Call to Release Wiretap Documents
WASHINGTON - The top secret US court overseeing electronic surveillance programs rejected Tuesday a petition to release documents on the legal status of the government's "war-on-terror" wiretap operations.
In only the third time the Foreign Intelligence Surveillance Court (FISC) has publicly released a ruling, it turned back a request to reveal documents that would shed light on the government's program to spy on the communications of terror suspects without first obtaining warrants.
FISC's ruling argued that its role as a unique court dealing with national security issues necessarily meant its case documents and decisions would be classified, and that US constitutional provisions did not require it to release case materials.
It also said that even first deleting sensitive material from the papers sought by the American Civil Liberties Union -- secret documents related to the legality of the surveillance programs -- risked accidentally damaging the country's security.
"That possibility itself may be a price too high to pay," the court said in rejecting the ACLU request.
Jameel Jaffer, director of the ACLU National Security Project, called the decision disappointing.
"A federal court's interpretation of federal law should not be kept secret from the American public," Jaffer said.
"The Bush administration is seeking expanded surveillance powers from Congress because of the rulings issued by the Foreign Intelligence Surveillance Court earlier this year. Under this decision, those rulings may remain secret forever."
In August the ACLU sought access to FISC rulings and orders made earlier this year that were cited in a new law, the Protect America Act, which expanded the government's powers to spy on the international communications of US citizens without first seeking a warrant.
The civil liberties advocates argued that the public had a right to know the content of those rulings and orders as they were used by the government to widen the parameters of its surveillance powers.
In the decision signed by FISC judge John Bates, the court said that, even if the court first removed justifiably secret materials to oblige the ACLU request, it still "might err by releasing information that in fact should remain classified (and) damage to national security would result."
© Copyright 2007 Agence France Presse

5 Comments so far
Show AllBefore "Shock and Awe" the military played war games with their strategy.
Their opponent was allowed to use any strategy. He chose to use a dirt bike to send messages, which worked great to the dismay of the aggressors.
There are too many ways to communicate so that any system they suspect can be circumvented.
There are so many ways to encript messages in everyday documents, photos and music, that it's mad to think you can stop determined people from communicating.
The solution is to be a "kinder, gentler nation".
And not releasing the information "might damage national security" too.
nspire: not releasing the information might only damage the national security as it is defined by the national elites. Your definition of national security has compassionate room for everyone. This is 180 degrees opposite of their definition. We must all stop thinking that the national elites share a common vision of anything with the masses of 'just plain folks.'
The national elite (as pawns and servants of the world elite) have a COMPLETELY different agenda - a far more selfish and exclusive agenda.
Luckily for the world, exclusivity can not be sustained in the long run. We can consciously choose to be more inclusive (as NMBill says - a kinder, gentler place) or Mother Earth will force it on us. Either way, the actions of the world elite can not sustain much longer. Unfortunately though, those same actions can cause much, much more harm before they finally die away.
JLD_OVERSEAS -- My apologies for thinking about other people again, damn the programming is just not taking as well as it used to be.
I guess we had better rename it to something like "Dictator's Security",
as I'm neither feeling the love nor my own "National Security" anymore.
In fact, I keep having these worrisome thoughts about being jailed as an enemy combatant, for not being worthy of the joys of "our freedoms", nor able to bow low enough to the subterranean shrub.
Namaste … … … … … … … … … … … … … … … … … Mahatma Gandhi … … … … … … … … … …
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Waterboard them.