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<font size=3><b><u>CCR FILES SUIT OVER NSA DOMESTIC SPYING PROGRAM<br>
</u></b><i> <br>
<b>Center for Constitutional Rights Believes Privileged Attorney-Client
Communications <br>
Were Intercepted by NSA Without Warrants Suit Seeks End to Warrantless
Electronic Surveillance of Domestic Phone Calls and Emails<br>
<br>
</i></b> <br>
<i>New York, January 17, 2005</i> – This morning, the Center for
Constitutional Rights (CCR) filed a lawsuit against President George W.
Bush, the head of the National Security Agency (NSA), and the heads of
the other major security agencies, challenging the NSA’s surveillance of
persons within the United States without judicial approval or statutory
authorization. The suit seeks an injunction that would prohibit the
government from conducting warrantless surveillance of communications in
the U.S. CCR filed the suit in the Federal District Court for the
Southern District of New York on its own behalf and on behalf of CCR
attorneys and legal staff representing clients who fit the criteria
described by the Attorney General for targeting under the NSA
Surveillance Program. <br>
<br>
As has been widely reported, for over four years the NSA, with the
approval of the president, has engaged in a program of widespread
warrantless electronic surveillance of telephone calls and emails in
violation of the Foreign Intelligence Surveillance Act (FISA). The
suit argues that the NSA Surveillance Program violates a clear criminal
law, exceeds the president’s authority under Article II of the
Constitution, and violates the First and Fourth Amendments. The
Foreign Intelligence Surveillance Act explicitly authorizes foreign
intelligence electronic surveillance only upon orders issued by federal
judges on a special court. It expressly authorizes warrantless
wiretapping only for the first fifteen days of a war, and makes it a
crime to engage in wiretapping without specific statutory authority.
Rather than seeking to amend this statute, the president simply violated
it by authorizing warrantless wiretapping of Americans without statutory
authority or court approval. As a result, the President violated
his oath of office to take care that the laws of this nation are
faithfully executed, and instead secretly violated a criminal prohibition
duly enacted by Congress. <br>
<br>
CCR has been one of the most active opponents of the illegal detention,
torture and intelligence gathering practices this administration
instituted in the wake of the terrorist attacks of 9/11. As part of
its mission to fight violations of the Bill of Rights and the
Constitution, the Center for Constitutional Rights represents hundreds of
men detained indefinitely without charge as “enemy combatants” at
Guantanamo Bay; Maher Arar, a Canadian citizen accused of al Qaeda ties
and rendered from the United States to Syria for the purpose of being
tortured; and Muslim immigrants unreasonably and wrongfully detained in
the U.S. for months without probable cause or criminal charges in the
wake of 9/11. <br>
<br>
In the course of representing these clients, the Center’s lawyers have
engaged in innumerable telephone calls and e-mails with people outside
the United States, including their clients, their clients’ families and
outside lawyers, potential witnesses, and others. Given that the
government has accused many of CCR’s overseas clients of being associated
with Al Qaeda or of interest to the 9/11 investigation, there is little
question that these attorneys have been subject to the NSA Surveillance
Program. The Center filed today’s lawsuit in order to protect CCR
attorneys’ right to represent their clients free of unlawful and
unchecked surveillance. <br>
<br>
<b>CCR Legal Director Bill Goodman</b> said, “On this, the day following
Martin Luther King Day, we are saddened that the illegal electronic
surveillance that once targeted that great American has again become
characteristic of our present government. As was the case with Dr.
King, this illegal activity is cloaked in the guise of national
security. In reality, it reflects an attempt by the Bush
Administration to exercise unchecked power without the inconvenient
interference of the other co-equal branches of government.”<br>
<b>
<br>
</b>According to <b>CCR attorney Shayana Kadidal</b>, “The mere existence
of the program harms CCR and our attorneys because it serves to inhibit
their ability to institute and effectively litigate these suits.” <br>
<br>
The Center for Constitutional Rights is represented in the suit by CCR
attorneys Bill Goodman, Shayana Kadidal, and Michael Ratner, and CCR
cooperating attorney David Cole. Also appearing as an attorney for CCR,
is Professor Michael Avery, president of the National Lawyers Guild
(NLG), on behalf of the NLG.<br><br>
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522 Valencia Street<br>
San Francisco, CA 94110<br>
(415) 863-9977<br>
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