http://www.smirkingchimp.com/thread/8716Blatant Criminal Behavior by the Bush Administration
by Mary Ratcliff | Jul 14 2007
Did you know that a couple of American attorneys, Wendell Belew and Asim Ghafoor, are the only people who can prove they have standing in a suit charging the government of illegally spying on American citizens without a FISA warrant? And how do they know? They were passed a "top secret" document during disclosure in a case when the government was considering putting their client on the US Treasury watch list for Islamic charities that the government believed are funding terrorists. The document provided positive proof that they were being spied upon by the government because the document contained a record of private phone calls they had with their client.
"Part of our surveillance occurred when the Attorney General advised the president that the program was illegal," says plaintiff attorney Jon Eisenberg. "That deprives them of the defense they didn't know it was illegal."
According to Congressional testimony taken earlier this year, on March 10th, 2004, top Justice Department lawyers and White House officials held a tense showdown over the NSA spying program at the bedside of then-attorney general John Ashcroft in an intensive care unit. Ashcroft's resolve left the president's program without the Justice Department's stamp of approval for about two weeks, as the White House scrambled to tweak the program to meet Ashcroft's demands.
Attorneys in the al-Haramain case say the plaintiffs were spied on in March and April of 2004, during a period that encompassed that two week interregnum.
Belew knew things were weird when the FBI showed up at his house in 2004 and demanded he give back the document and forget that he ever saw it. When he realized it was part of the NSA spying scandal, he and Ghafoor decided to sue.
snip//
Here's a story that describes what a lawyer for Belew and Ghafoor is experiencing after taking on their case. As a friend of Brandon Mayfield, the Portland attorney that had been falsely accused of being involved in the Madrid train bombings, Thomas Nelson knew he was stepping into a dangerous case. This is yet another case that reads like a John Grisham novel. From AlterNet:
The Oregonian reported that attorney Jonathan Norling "was sleeping on a couch at their practice early one morning last May, when a man dressed as a custodian tried to enter Nelson's office. Norling startled the man twice one night in July, when he caught the man trying to enter the locked office." The man in question had what appeared to be a valid badge for the building. But Norling notes, "This person wasn't a cleaning crew. I know the cleaning crew. I've worked here seven years, and I've worked a lot of nights, and I never experienced anything like that until Tom was working (on this case)."
Though Nelson approached the security people at the building, they wouldn't talk to him. "They were very blunt," he told AlterNet in a phone interview. He then took his concerns to the building manager. "It was all very disconcerting and inconclusive," says Nelson. "There was no direct denial. At the end, I said, 'You probably couldn't tell me if something was going on anyway.' He said, 'That's probably right.'"
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