FISA Fight: Chilling Effect

Add this to the growing list of reasons for Congress to not cave to the Bush administration on FISA and telco amnesty.

Across the country, and especially here in Oregon, it seems, lawyers who represent suspects in terrorism-related investigations complain that their ability to do their jobs is being hindered by the suspicion that the government is listening in, using the eavesdropping authority it obtained — or granted itself — after the Sept. 11 terrorist attacks.

Steven T. Wax, a Portland lawyer involved in several terrorism cases, said he has told clients to assume that everything they say to him is being secretly monitored. Mr. Wax said he "self-censors" his e-mail messages, even to other lawyers and friends. The situation, he said, has elements of "Kafka and ‘Alice in Wonderland.’ "

The Justice Department does not deny that the government has monitored phone calls and e-mail exchanges between lawyers and their clients as part of its terrorism investigations in the United States and overseas....

The anxiety among defense lawyers has grown as the Bush administration has pressed Congress to pass a bill that would permanently ease restrictions on domestic wiretapping in investigations involving national security. Democratic Congressional leaders and the White House are at a stalemate over the legislation.

Although the administration says it has shut down the security agency’s wiretapping program, lawyers involved in the Oregon case say they believe communication with their clients — and among themselves — is still being monitored.

I think that's a safe bet on the part of the lawyers. This administration's allergy to the rule of law doesn't just extend to their unwillingness to abide by it. They're trying to break down the entire system. Pretty soon there won't be a defense attorney willing to take on a terror case anywhere in the country.