Friday, March 10, 2006

Fascism grows in the dark of our current government

A note from a friend involved in a local case challenging NSA spying was waiting for me when I got home tonight:

When I got back to my office after lunch today, I found out the government had submitted their "response" to our wiretap motion - it said, in its entirety:  "classified." Their entire legal memo was classified! I got a call from the NYCLU immediately, and spoke to [snip], who said this is completely unprecedented and wrong and illegal. So then we were talking about objecting to it, etc, and THEN the order came in from Judge McAvoy summarily denying the whole motion! No hearing, no amicus, no reply, NOTHING! AND the actual order was classified!! [snip] wasn't there and then I had to leave, but I just spoke to him on the phone. He said the NYT already called him and he told them what happened. He definitely wants to fight this very strongly - it's just so insane that it's hard to know exactly what to do next. But we want to let people know. At this point any ideas would be appreciated. Thanks, [snip]"

More information on the case can be found in some of my old posts here.

More to come....

UPDATE: Just received a copy of the order. All that is known of the governments legel memo is the one word...


The Judge's decision:
United States District Court
Northern District of New York

United States of America
Yassin Aref and
Mohammad Hossain

Crim No. 04-CR-402
(Hon. Thomas J. McAvoy)
Mar 10 2006
Lawrence K. Baerman, Clerk

Order Denying Defendants' Motion for Reconsideration

THIS MATTER is before the court pursuant to Defendants' Motion for Reconsideration seeking orders suppressing all evidence as tainted by illegal electronic surveillance, dismissing the indictment, and directing the government to affirm or deny the existence of electronic surveillance pursuant to 18 U.S.C. 3504.

In response to Defenants' Motion, the government filed, on March 10, 2006, its in camera, exparte classified response.

Having considered the government's submission and entered a classified Order on it, it is hereby

ORDERED that the defendants' motion for reconsideration is denied.

ENTERED at Albany, New York this 10th day of March 2006.

Thomas J. McAvoy
The Honorable Thomas J. McAvoy
United States District Judge
Northern District of New York

cc: U.S. Attorney's Office
Defense Counsel

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