Dem Court Defends Bush, Overturns Warrantless Wiretapping Jihad Ruling

Holder and Obama have worked diligently to preserve and further the lawlessness of the executive branch, often defending Bush policies they and most Democrats deplored…until Obama used them. via 9th Circuit Court Overturns Al-Haramain Islamic Foundation’s Previous Award in Warrantless Wiretapping Case | TheBlaze.com.

(TheBlaze/AP) — A federal appeals court on Tuesday overturned an order that the federal government pay attorney fees and damages of an Islamic group that claimed it was the target of the Bush administration’s warrantless wiretap program.

The 9th U.S. Circuit Court of Appeals ruled that a lower court judge was wrong to award $40,800 in damages and $2.5 million to attorneys for the Ashland, Ore., chapter of the now-defunct Al-Haramain Islamic Foundation. The foundation waged a nearly five-year legal challenge to the Bush administration’s so-called Terrorist Surveillance Program.

The appeals court ruled that the federal government is immune to such claims.

A sympathetic three-court panel said the chapter’s lawyers, despite the U.S. Department of Justice’s assertions otherwise, filed a legitimate lawsuit and pursued it fairly and above board.

“This case effectively brings to an end the plaintiffs’ ongoing attempts to hold the executive branch responsible for intercepting telephone conversations without judicial authorization” Judge M. Margaret McKeown wrote for the unanimous panel. “However, we cannot let that occur without comment on the government’s recent, unfortunate argument that the plaintiffs have somehow engaged in `game-playing.’”

McKeown noted that the lawsuit raised important questions about balancing national security interests with civil liberties after the Sept. 11 attacks. She scolded the government for suggesting the plaintiffs’ lawyers were interested in something else.

“In light of the complex, ever-evolving nature of this litigation, and considering the significant infringement on individual liberties that would occur if the Executive Branch were to disregard congressionally mandated procedures for obtaining judicial authorization of international wiretaps, the charge of `game-playing’ lobbed by the government is as careless as it is inaccurate,” wrote McKeown, who was nominated to the bench by President Bill Clinton in 1998. “That their suit has ultimately failed does not in any way call into question the integrity with which they pursued it.”

McKeown’s two colleagues who voted with her with also Democrat appointees. Judge Harry Pregerson was appointed by President Jimmy Carter in 1979 and President Bill Clinton appointed Judge Michael Daly Hawkins in 1994.

One of Al-Haramain‘s lawyers said the judges’ kind words were “small consolation” and that he and his colleagues were discussing their next steps. They could ask the appeals court to reconsider the case or ask the U.S. Supreme Court to take it up.

“If this is the last word on warrantless wiretapping then it means that there will have been no accountability for it,” he said.

“This case was the only chance to litigate and hold anybody accountable for the warrantless wiretapping program,” lawyer Jon Eisenberg said in a telephone interview with Wired. “As illegal as it was, it evaded accountability.”

The Treasury Department froze the assets of the Ashland chapter and declared it a “specially designated global terrorist” on Sept. 9, 2004. Treasury officials believe the Ashland chapter delivered $150,000 overseas to support terrorist activities by the Chechen mujahedeen.

In investigating the chapter, Treasury officials accidentally turned over a document that Al-Haramain lawyers said appeared to be a top-secret call log. A judge later ordered the lawyers to turn over the document and barred them from using it to support their lawsuit. Nonetheless, they used publicly available evidence such as speeches by FBI leaders discussing the case to convince U.S. District Judge Vaughn Walker that the Oregon organization was the subject of surveillance.

Since the Department of Justice refused to address the charges in the lawsuit directly, always arguing that to do so would threaten national security by exposing state secrets, Walker awarded damages and attorney fees to Al-Haramain. The 9th Circuit said Tuesday that Walker, who has since retired, was wrong.

Generally, government investigators are required to obtain search warrants signed by judges to eavesdrop on domestic phone calls, email traffic and other electronic communications. But Bush authorized the surveillance program shortly after 9/11, allowing the National Security Agency to bypass the courts and intercept electronic communications believed connected to al-Qaida.

Bush ended the program in January 2007.


With Congress ordering 30,000 unmanned drones, some armed, into the skies over the United States, and military drones already capturing surveillance video, phone tapping is almost passe. The NSA is assembling files on all U.S. citizens.

16 Responses

  1. unfortunately this order will be to the detriment of everyone, not just muzzies!

    • Exactly . . .Quote: “The appeals court ruled that the federal government is immune to such claims.” . . .without defining ‘such claims’ that ruling is subject to interpretation which has the potential to benefit all sorts of federal shenanigans.

  2. With this kind of law and order this country has, I don’t mind any surveillance targeting anyone. The law enforcement people will never go after someone who peacefui because they know that they waste their times and efforts that cost their agency who is accounted for every penny. Although G.W. did mistakes like invading iraq and gave it to the Shiittees discouraging the sunnies; G.W. did good to have surveillance to go after terrorists.

    I am a Muslim and I see that we are going the hard way and the long way to be totally assimilated. However, the system helps anyone to be assimilated. I did not come here for any reason except to live without terany and oppression that ended by Saddam and started by Maliki in Iraq as well as Mubarak and started now by Muslim Brotherood in Egypt.

    Just look what happened in 30 years in the Middle East and what happened in the same time in our country. Now, which one any person with a brain would prefere?

  3. Mohammed you do realize that warrant-less wiretapping is a step closer to type of place you fled from?? Places where people silently disappear b/c the govt doesn’t like them?

    As much as I wish our govt would keep a good eye on what Muslims are doing inside USA like raising money for Jihad undercover of mosques- I believe in our rights more than that- In this case we have a govt that sees the tea party as terror group and does not see the real enemies at all. So it comes down to – who do you trust?? I do not trust Obama admin to make these decisions- I prefer all our law enforcement to follow the rules of search and seizure – we cannot become what our enemies are nor use slimy tactics that evade the laws.

    Same as I feel about “hate speech” laws (making thoughts a crime)- it is a TWO edged sword and will be used on whatever side is the minority or perceived enemy, it is already used to shut down dissent in UK and Canada, where Muslim hate speech is protected but pro Israel and EDL have been jailed and fined or prevented from speaking at all with excuse that Muslims will riot.

    As many time I have been called hater of Muslims I have not ever failed to mention people like you who did come here to get away from Islamic govts. I am proud USA is such a place. However it is imperative that Muslims like you make sure the other Muslims who wish to make HERE into THERE do not succeed- then where will people go to flee tyrants? to flee from sharia? from Khakamenies? from Saddams or Assads

  4. isiah62,

    I may agree with you totally. But, this is the first time I heard that pro Israel are shut up and Muslim haters have free ride. This is news to me. I am a Muslim who believe that the Jews are my cousins as it was in the old history and I support Israel although I have no relation with any Jew, I love them, respect them, and pray for them.

    When I came here, I swore to defend and to protect my country (U.S.A.) against all enemies, foreign and domestic, without any reservations, and with the BEST of my ability.

    If they want to waste their time and tap my phone, it is fine with me. I only have one goal, it is the country that gave me my freadom and I will not forget it for the rest of my life.

    When I see my fellow Coptics are having a hard time by “MY” PEOPLE, I feel ashamed. Will I trust Morsi for the Coptics and worry about taping?

    I am sure there are many problems in the application of anything but with wise management feeling for the country’s security, these problems will be corrected.

    • AFTER 911 AND MY SON WAS PERMANENTLY DISABLED BY A MUSLIM WHO SHOT HIM IN THE HEAD AS HE SLEPT,I vowed to NEVER ,EVER PRACTICE POLITICAL CORRECTNESS AGAIN FOR ANYONE OR ANY CAUSE. Men fought, died and are permanently disabled for my freedom of speech so I do not take it for granted ……so here goes:What you are failing to understand is that WE HAVE NO “Wise Management” in government at this time and our country is in trouble more than ever before because of it. Why would you trust this president with the free reign to wire tap anyone at his will?You have a muslim president who is siding with the very regimes what YOU SAY you came here to get away from. That is what makes me question your sincerity and reasons for coming to this country. Many many muslims come here and say they want to live under our constitution and take the same oath you did, but yet still want to live under sharia and/or still go to the very mosques with ties to the muslim brotherhood and other terrorists groups.All we ever see is the deception and lies muslims tell in order to dodge our constitution and laws for the sake of Islams sharia law. I have yet to see one muslim denounce the muslims who perpetrated the the burning alive of our American citizens and what was done to our trade centers. AND YOU EXPECT US TO BELIEVE YOU COME FROM A RELIGION OF PEACE??? Come on!!However, the icing on the cake for me is my reading of YOUR quran that states it is permissable to lie for the cause of allah and teaches that YOU… MUSLIMS …MUST KILL ALL NONBELIVERS. I READ IT FOR MYSELF…IT SAYS IT…DON’T DENY IT. I know a religion of peace when I READ ONE. ..and I READ WHAT OUR COUNTRY CALLS A CULT IN YOUR quran, WHICH IS BEING DISGUISED UNDER THE PROTECTION OF RELIGION AND I AM NOT BUYING IT. MUSLIMS HAVE NEVER ADDED TO ANY CULTURE OR COUNTRY THEY HAVE EVER INFILTRATED INTO AND IF YOU WANT PEOPLE TO BELIEVE THAT YOU NO LONGER WANT TO LIVE IN TYRANNY ..YOU WOULD NOT CALL YOURSELF A MUSLIM EVER AGAIN. THE MUSLIM IDEOLOGY IS INCOMPATABLE WITH OUR FREE SOCIETY AND CONSTITUTION. PERIOD. THEREFORE, I BELIEVE EVERYTHING YOU SAY IS A “LIE FOR aLLAH.”

    • Pamela Gellar and more have been stopped from speaking in Canada – Canada is enforcing blasphemy laws stating that insult of ISLAM is a hate crime- she and others were prevented from speaking- In USA colleges. Pro Israel speakers were shouted down by MSA (Muslim Students Assn- an offshoot of MB) who declared love for HAMAS – In UK where Chaudery is free to spew hate and incite riots, Israeli diplomats were prevented from entering the country- UK called them war criminals- This is all done by MUSLIMS infiltrating our nations and selling their lies about Israel- and sorry it is working -people who are already a little inclined to hate Jews and stupid leftists who think what the terror groups are saying is true buy into it- we have Gullen schools in USA, a man banned in Turkey for being radical, is courted by Dem party and allowed to sell his “vision”.

      I must say for you as a Muslim who may not like their version of ISLAM or the idea of a world caliphate, your life and our nations are under siege by “those” Muslims. It is Muslims like you who will end up paying the price for those Muslims. Because the West will not just keep “tolerating” this sickness – we had to kill lot of innocent Germans who were not NAZIS to WIN that war- the batch of Muslims we have now are direct HEIRS of NAZIS the real ones (not as Muslims like to lie and say Israel is like Nazis) Muslim Brotherhood is an offshoot of Odessa Nazis from EGYPT- Nazism died in EU but lived on in Arab nations especially Egypt- Nasser was a Nazi too- they still have a Nazi party- Arab Spring was incited by BOSNIAN Muslims. (Bosnians volunteered as SS in ww2 to kill Jews) http://www.tellthechildrenthetruth.com/

      the actual war in this world is between Muslims- I am thinking the moderates will LOSE – there is no organized resistance to JIHADISTS Muslims. I don’t hate Muslims but I do hate ISLAM- it has poisoned minds of so many- NO ONE deserves to live under that Mohammedan law- the only GOOD Muslims are those that reject most of the Qur’an. Sadly the ones who follow it exactly are Al Queda and KSA..

      • So when it’s all boiled down Mohammed, if you really mean you love the USA, if you really love freedom, if you really are ashamed when ‘your people’ do barbaric things; exactly how can you continue to be a muslim? It’s totally incompatible with Western mores and lifestyle.

        Both Isahiah and Anonymous4 have said the same thing (above) in a different way, understand? The qur’an tells you to hate us, kill us if we don’t convert to islam, or enslave us and make us pay the jizya; how then can you follow this backward, murderous cult, and still be a loyal American? The answer is you can’t–it’s impossible.

        • Ahh…but they lie for the sake of allah! Their love for America is in word ONLY!

          • Oh yes, I realize that. Sometimes I try the ‘softly, softly’ approach, but I know it’s useless; islam is for misogynistic bullies–the ultimate ‘Old Boys’ Club'; so muslim men have too much to lose by converting to anything else.

            Anyway, mo hasn’t bothered to reply. The only reason I commented in the first place was because muslims who comment on this site are invariably foul-mouthed illiterates, and mo wasn’t.

          • Because he is trying to fool us into thinking there is such a thing as “Peaceful Muslims” for the sake of allah…. of course!

          • I have no interest of fooling anyone. I am just trying to tell you that there are millions of Muslims here and abroad who are helping the United States. Your language may offend them. I don’t think United States can do it alone. Trust me.

            Remember I am not trying to fool anyone and I have as much right as you as an American. I do not need to please you either.

          • First, I would not trust you if my life depended on it and my life does depend on it BECAUSE I know what your belief system is based on…KILLING NON BELEIVERS. YOU SEEM TO KEEP IGNORING THAT. Based on your cultic quran, you have every interest in fooling everyone, AND THAT IS TO KILL THEM! I have yet to see ONE MUSLIM CONTRIBUTE ONE GOOD THING TO THIS COUNTRY! NOT ONE! HOWEVER MUSLIMS ABROAD DID KILL 3 OF OUR SOLDIERS THIS WEEK WHO WERE FIGHTING TO KEEP YOUR DAMN ASS FREE! They bring their stupid political system everywhere they go which causes turmoil EVERYWHERE they go.
            Like I said, if muslims want us to believe they are sincere when they come here and mooch off the freedoms OUR SOLDIERS FOUGHT AND DIED FOR, THEN LEAVE YOUR DAMN CULTIC POLITICAL SYSTEM BEHIND. THERE IS NO PLACE FOR IT HERE IN OUR FREE LAND! iF YOU ARE LEGAL AND NOT LYING “FOR THE SAKE OF aLLAH ” YOU DO HAVE EVERY RIGHT TO BE HERE, HOWEVER THAT DOES NOT MEAN YOU ARE WANTED HERE AND DOES NOT MEAN WE HAVE TO LIKE IT AND ACCEPT YOU. yOU COULD NOT PLEASE ME IF YOU WANTED TO,EXCEPT OF COURSE, TO CRAWL BACK TO THE COUNTRY WITH THE CAVE YOU CAME FROM. FUTHERMORE, DO YOU THINK i GIVE A S*** IF MY LANGUAGE OFFENDS ANY MUSLIM OUT THERE? NO! I HOPE IT DOES!
            LASTLY,THIS GREAT COUNTRY CAN DO IT WITHOUT YOU! HOW ARROGANT OF YOU TO SAY THAT! WE HAVE ALWAYS PAID OUR OWN WAY AND EVERYONE ELSES INCLUDING THE HELL HOLE YOU CAME FROM AND FOUGHT OUR BATTLES IN THE PAST AND AMERICA WILL DO IT AGAIN. WE DO NOT NEED NOR WANT HELP FROM MUSLIMS BECAUSE MUSLIMS ARE THE PROBLEM!…AND THAT INCLUDES YOU! ”

            BEWARE READERS: NO SUCH THINGS AS PEACEFUL MUSLIMS!
            THE ABOVE FROM MOHAMMAD, WHO IN THEIR QURAN, WAS A FREAKIN PEDIPHILE, WAS JUST ANOTHER “LIE FOR THE SAKE OF aLLAH.”

  5. this is not new and you are not alone. With this mentality and attitude, without FDR, you probably now speak Japanese or German.

    • AND YOU WOULD JUST LOVE THAT WOULD’NT YOU, MOHAMED,OH THOU WHO IS NAMED AFTER A PEDAPHILE. IF MY MOM NAMED ME AFTER A PEDIPHILE SHE FOLLOWED , I WOULD CHANGE MY NAME. KEEP UP THE GOOD WORK,FRONTING AS A PEACEFUL MUSLIM THAT IS, LYING “FOR THE SAKE OF aLLAH”

  6. Islamic Jihad massacres, as hate crimes en-masse

    Every Islamic terror act, anywhere, is a clear cut case of intolerance. It is always against the “other.”

    True, by Islamic Jihad any infidel targets are fair-game. It’s just that some groups are easier targets than others, as “justification” are aided by propaganda, often backed by some radical liberals in the West. Such are many Muslim aggressors posing as “victims.” For instance, those Arab immigrants’ grandchildren, invaders in Jews’ Israel/Palestine who go by the title “Palestinians,” while some in the West really buy the notion that these mass-murderers (who hide behind civilians, to bring about casualties, to be used as trophies) are just about “Palestine-Arab-State,” ignoring or unaware of their real ethnic cleansing aims from the entire Holy Land.

    Ethno-religious hatred classics:

    Arab supremacy –derived from Koran, Koranic spirit and themes– especially resulting in enslaving Africans and Asians in the Arab world (often having the “inferior” non-Arabs as ‘sex-slaves’ as well) and the genocide in the Sudan (of already 3.5 million, since the 1950s) by a classic combination of Arab racism and Islamic Jihad. The same diabolical combination that “founded” (in the 1920s) the Arab Vs Israel “conflict,” by infamous Mufti who collaborated with the ultimate ‘racists’ – the WW2 Hitler/Nazis. Ever since, the ‘holy war’ against the Jews in the land has always been under the dual slogan of Allah Akbar and Itbach al-Yahud (AKA genocide). Leaving also behind, an inspired legacy of decades (and current) of ugly Nazi style cartoons in the hateful Arab press.

    The Armenian Genocide 1915-23, was both: Turkish ethnic supremacy and an overall holy war against Christians. The same goes to Turkish anti-Greek and anti-Assyrian genocide. Totaling a combined 2.7 million Christian victims.

    Ethno-Religious Moro-Muslims VS Philippines’ natives.

    Ethno-Religious Malay-Muslims VS Thai natives.

    Ethno-Religious Islamic-Hausa-Fulani VS Igbo Christians in Biafra Nigeria – 1960s-70s (3 million dead).
    Current (2011-13) Boko Haram Islamic mass-murder campaign in that country, deepens the Ethno-Religious divide.

    Farrakhan’s Nation of Islam Black-Muslim supremacy’s anti-White racism is deeply woven with radical Islamic vision. So were its linked Zebra murders in the 1970s and the Beltway snipers shootings in 2002.

    Ethno-Religious “pure-Muslim” Pakistani VS Bangladeshi (regarded as the impure) genocide – 1971 (3 million dead).

    Ethno-Religious “Palestinian” and Lebanese Muslims VS Christian Natives Maronites in Lebanon. 1970s-2000.

    Iran-Iraq war – 1980s (a million victims – at least). Racism (Arab supremacy vs Aryan-Iranians) and “we are the true Muslims” motivation, on both sides.

    Pakistani Sunnis and Shiites VS Ethno-Religious Ahmadis, resulting in mass violence. So is rampant anti-Ahmadi bigotry among “Palestinian” Arabs.

    Ethno-Religious Muslim-Uighur VS Han native Chinese. Terror attacks (not just against government but against ordinary Chinese too) recorded.

    Ethno-Religious Indonesian Muslims VS Chinese (1999 mass rape and murder) and VS native Catholics in E. Timor (200,000 victims).

    One of the ardent supporters and admirers of Osama bin Laden, who celebrated 9/11 massacre, the pan-Arab, pan-Islamic AEL (Arab European League) founded by Arab Lebanese, former Hezbollah D. A. Jahjah, has been accused of inciting racism and violence in Belgium.

    Ever since the bloody ‘Islamic theme of al-Aqsa’ intifada erupted (2000), Jews in Europe have been even an easier target to Islamic anti-Semitism, physical attacks and attempted ethnic cleansing. Such as by Arab/African Muslims in France; by Turkish/Iranian Muslims in Germany; by Arab-Muslims in the Benelux, Sweden and Norway. The kidnappers and torturers to death of Ilan Halimi to the sound of reciting the Koran (Paris, 2006) –for instance– were inspired by Hamas literature.
    The (2012) Toulouse school massacre by Mohamed Merah of the Islamic hate group ‘Forsane Alizza,’ (NYT reported Jan/23/12, that its site was laced with hate posting, it typically claimed to be “fighting Islamophobia,” and the DailyTelegraph reported Mar/23/12, that in Jan/12, “Forsane Alizza was banned in France for inciting racial hatred,”) made sure to mention those “Palestinians.”
    Likewise, Arabs in Latin America, have been targeting Jews.

    The Pakistani Jihadi Lashkar-e-Taiba (“Army of the Pure”) in Mumbai (2008), aided by the ISI (Pakistan Spy Agency) specifically targeted Whites, and even more so the Jews.

    Ethno-Religious Arab-Muslims VS native Coptic-Christians in Egypt, hate crimes still going on…

    Ethno-Religious (mostly separated by origin/ethnicity as well) Shiite VS Sunnis, and vice versa in Iraq (Zarqawi argued that ‘Shia were more dangerous than the “Zionists and Crusaders,”‘ Egyptian Cleric said -Mar/09- “Shiites are worse than Jews,”) and in Pakistan.
    Sunni Vs Alawites, Syria (al-Qaeda cleric’s Fatwa -Jul/12- calls Alawites, “greater infidels than the Christians and Jews”).
    Bloodshed going on, full force.
    A study about 2011 worldwide terror attacks -for example- found 70% of the (over 12,000) killings were perpetrated by Sunni Muslims. That includes: al-Qaeda, Taliban, and others.

    Last point but not least: most “conflicts” and bloodshed around the globe today ARE correlated to Islamism.

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