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View Diary: We can stop the illegal telcom spying. Here's how. (19 comments)

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  •  All the cases were not tossed out (2+ / 0-)
    Recommended by:
    sen bob, Zydekos

    only one. It was the ACLU asking for an injunction, if I recall correctly.

    At any rate, there were many other cases winding their way through the courts. And the great majority are still proceeding. At last count, I think there were about 40 cases.

    •  The biggest obstacle (1+ / 0-)
      Recommended by:

      seems to be who has standing. The federal judges seem to toss out any case in which the plaintiff can't prove that he's a victim of illegal surveillance. But you can't prove it because the information the Feds collect is classified.

      What's this bullshit about "justice for all"?

      •  The claims of States Secrets block finding out (2+ / 0-)
        Recommended by:
        YucatanMan, Oxy Moron

        if anyone really has standing. If they block all efforts to find out if one is has been swept up or targeted, there will never be a way to find out if one has standing. We need a way around the States Secrets claim, something that is in the works, but will need the next Presidents signature to become law.

        "a state that tortures is always a state of hypocrites." a paraphrase of a John Locke quote.

        by SmileySam on Sun Feb 24, 2008 at 04:27:06 AM PST

        [ Parent ]

        •  Judges have discretion (0+ / 0-)

          not to accept a state secrets claim. They've just all been afraid to do so.

          •  Well, yes, afraid or Bush Kool-Aid (0+ / 0-)


            One of the biggest failures of the Clinton years was the failure to get all the Federal judgeships filled and keep them filled with less-than-fanatical conservative appointees.  

            Bush has worked that angle tirelessly, knowing that his ideological bedmates would cover his ass. (if I may speak so crudely)  Bush has literally been remaking the Federal judiciary as we slept. The ultra-conservative Bushies have been loading up the Federal payroll with tons of their worker-trolls.  It will take decades to undo the damage.

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