Friday, April 10, 2009

Obama Administration Claims Immunity From Spying Litigation

Click on title for link.

After eight years of secrecy and obfuscation ( Obfuscation is the concealment of intended meaning in communication, making communication confusing, intentionally ambiguous, and more difficult to interpret ) by the Bush administration, it is not that difficult be better, honest, and more forthright in the dealing with the American people.

"Senior Staff Attorney Kevin Bankston at the Electronic Frontier Foundation, which is suing the government over the warrantless wiretapping program, notes that the government has previously argued that the government had "sovereign immunity" against civil action under the FISA statute. But he says that this is the first time that they've invoked changes to the Patriot Act in claiming the US government is immune from claims of illegal spying under any other federal surveillance statute."

Salon columnist and constitutional scholar Glenn Greenwald -- who is generally supportive of progressive interpretations of the law -- says the Obama Administration has "invented a brand new claim" of immunity from spying litigation."In other words, beyond even the outrageously broad 'state secrets' privilege invented by the Bush administration and now embraced fully by the Obama administration, the Obama DOJ has now invented a brand new claim of government immunity, one which literally asserts that the U.S. Government is free to intercept all of your communications (calls, emails and the like) and -- even if what they're doing is blatantly illegal and they know it's illegal -- you are barred from suing them unless they 'willfully disclose' to the public what they have learned," Greenwald wrote Monday.

The advice given to use obscure Patriot act clauses to continue to abuse and to use the same tactics from the previous administration does not seem like change to me.

We are backsliding.
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