Breaking: Judge Walker Grants Summary Judgement Finding Govt Liable Under FISA

[kpete]

Source: Firedoglake

Breaking: Judge Walker Grants Summary Judgement Finding Govt Liable Under FISA
By: emptywheel Wednesday March 31, 2010 11:02 am
Judge Walker Finds al-Haramain Has Standing

Judge Walker just issued the following ruling in the al-Haramain case:

*** The court now determines that plaintiffs have submitted, consistent with FRCP 56(d), sufficient non-classified evidence to establish standing on their FISA claim and to establish the absence of any genuine issue of material fact regarding their allegation of unlawful electronic surveillance; plaintiffs are therefore entitled to summary judgment in their favor on those matters. Defendants’ various legal arguments for dismissal and in opposition to plaintiffs’ summary judgment motion lack merit: defendants have failed to meet their burden to come forward, in response to plaintiffs’ prima facie case of electronic surveillance, with evidence that a FISA warrant was obtained, that plaintiffs were not surveilled or that the surveillance was otherwise lawful.

In the absence of a genuine issue of material fact whether plaintiffs were subjected to unlawful electronic surveillance within the purview of FISA and for the reasons fully set forth in the decision that follows, plaintiffs’ motion for summary judgment on the issue of defendants’ liability under FISA is GRANTED.***

I think Walker is basically saying, “well, gov’t, if you won’t give us any evidence to prove you legally wiretapped al-Haramain, then they win!”

I’m reading the rest of the order, will update shortly.


http://emptywheel.firedoglake.com/2010/03/31/breaking-judge-walker-finds-al-haramain-has-standing/

http://static1.firedoglake.com/28/files/2010/03/100331-al-Haramain-Order.pdf

Read more: http://emptywheel.firedoglake.com/2010/03/31/breaking-judge-walker-finds-al-haramain-has-standing/