DOJ Tries, But Fails, To Delay ACLU Lawsuit Over NSA Spying

from the case-moving-forward dept

Thu, Jul 25th 2013 10:32pm — Mike Masnick

The Justice Department desperately tried to delay the ACLU's recently filed lawsuit over the NSA's surveillance efforts. The DOJ claimed that, since the intelligence agencies have been working to declassify info on those programs, any lawsuit should wait until those decisions are made. Thankfully, however, Judge William Pauley recognized that justice delayed is justice denied and rejected that argument. The case will move forward with motions filed by the end of August and the case to begin by November.

Filed Under: delay, doj, nsa, nsa surveillance, trial
Companies: aclu

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Pixelation, 25 Jul 2013 @ 10:41pm

Not holding my breath
The Judicial branch has abdicated so far and I guess I've become jaded.
Let's hope they get a judge with a steely set.
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Anonymous Coward, 26 Jul 2013 @ 1:32am

Irrespective of the outcome, this case will reach the Supreme Court. Atleast, it will keep the media spotlight on this issue for the coming months / years.
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Anonymous Coward, 26 Jul 2013 @ 1:48am

The longer this is in the spotlight the better. The public absolutely needs to know this is going to end.

The executive branch has done everything it can to prevent this from coming to court. They will continue to do as they have done before, claiming that no one has standing to bring the case forward, stonewalling, delaying, being shifty about what is being done, how effective it is, and worse of all, how badly it goes against both the wording and the intentions of the Constitution.

Saying it is legal, doesn't make it so. Time and again we see laws made that have to be ruled unconstitutional in court. Saying that these programs have oversight is another smoke and mirror tacit.

It's high time that the direction this country is going in is changed back towards something resembling what it's supposed to be instead of the laughing stock of the global when ever the Secretary of State wants to claim human rights mean something.
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Anonymous Coward, 26 Jul 2013 @ 2:03am

Given the NSA is stonewalling providing the evidence in a Florida case that the doj and NSA like to say "needed" the dragnet, the NSAs arguements to the Supreme Court on who would have standing has been proven invalid.

Given the scrutiny given to the Arguements by the Supreme Court last time, I expect any they don't have standing FUD to not have any standing with the court.
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Anonymous Coward, 26 Jul 2013 @ 3:03am

the desperate steps being taken by the various security agencies shows that, without any shadow of doubt, they have been and still are up to all things nefarious. my fear, however is, that regardless of the extremely close vote in Congress yesterday and any/all law suits against these agencies, they will continue doing what they have been doing, as if nothing has happened. they view themselves (or at least those pulling the strings do) as being above the law! they are of the opinion that they can do whatever the hell they like and the people of any/all nations do not matter and have no right to complain about, let alone try to stop this spying!!
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McCrea (profile), 26 Jul 2013 @ 3:48am

more time
I'm sure they could always use more time to collect past cases where it could possibly be interpreted that unrestrained surveillance saved the children, America, and saved God.
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FM Hilton, 26 Jul 2013 @ 3:58am

The end game begins
Perhaps we're seeing history in action here-that the judicial branch, mortified by their brethren who are denying justice, finally want to air the secrets, and end the program.

I can only cheer at this point. Whether or not it gets further is up to judges who have an independent mind, and thank heaven there's still one-Judge Pauley.

I'm sure the NSA and the government together will bring all of their savage cunning into play. They've never hesitated to stoop to the lowest levels in previous cases.

I'm holding my breath, and hoping for an actual judicial decision in favor of the Constitution this time.
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Anon E. Mous (profile), 26 Jul 2013 @ 5:13am

Next the DOJ will claim it is a state secret and in defense of the nation, so the court must toss it out.

We have seen that play many times, don't be surprised to see the DOJ use it again
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BentFranklin (profile), 26 Jul 2013 @ 5:56am

Nice short article. Nothing wrong with short and to the point.
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That One Guy (profile), 26 Jul 2013 @ 6:52am

Re:
I'd lean more towards 'sovereign immunity' rather than 'state secret', though I suppose nothing prevents them from trying both.
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Anonymous Coward, 26 Jul 2013 @ 6:56am

Is it wrong that lately I keep reading 'NASA' when I read through titles like this too quickly?
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TaCktiX (profile), 26 Jul 2013 @ 8:03am

Re:
Yes, because NASA has genuinely been one of the least corrupt agencies in the entire US government and a force for the progress of science and society since its inception.
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Anonymous Coward, 26 Jul 2013 @ 8:59am

So when do we start talking about impeaching Obama (and all the bosses in charge of these programs, the FISA Court, and the intelligence committee - with the exception of Wyden and Udall)
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iSynic, 26 Jul 2013 @ 9:15am

Thanks
I appreciate all of the coverage you guys are providing on this.
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