FISA legislation cited in defense of NSA

Revised FISA legislation, that allowed warrantless surveillance of Americans, cited in defense of the NSA’s spy program

A few days after the President signed controversial legislation allowing warrantless surveillance of Americans, the administration is citing it, urging a federal judge to dismiss a suit against the NSA’s spy program.

defending constitutionally guaranteed rights

Lawyers involved in the Guantanamo Bay case argue that surveillance is chilling First Amendment rights of speech, and their clients’ right to legal representation. The Justice Department filed motion for dismissal on grounds that the new law governs this situation as long as one party in the communication is located outside of the U.S. and the Foreign Intelligence Surveillance Court is notified “as soon as practicable” when someone is spied on.

The government has maintained that electronic eavesdropping is legal, and now argues that the newest legislation provides “additional basis for dismissal.” The Plaintiff is expected to argue that the new law violates the Fourth Amendment’s requirement that judges approve warrants for surveillance.

“Congress has ceded further power to an administration that has done nothing but abuse its power and betray the trust of the American people,” center attorney Shayana Kadidal said.

“Congress has given the president and attorney general virtually uncheckmed power to spy on international calls of Americans without any oversight or accountability from the courts.”

Fred Soto is an Attorney and Entrepreneur from the Silicon Valley.
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