The case against the Bush Administration: The FISA lawsuit

By GottaLaff

"FISA is concealing a crime that will hide in plain view... Bush has committed 30 felonies" -- Jonathan Turley.

Thom Hartmann talks to Jon B. Eisenberg. Topic: FISA - Jon's current case against the Bush Administration for the illegal warrantless wiretapping of Al - Haramain.

Jon: We have to show evidence that our clients were victims of the Surveillance Program. We have to show "standing". The judge said the program is illegal, violated FISA, but you can't recover damages unless you can make a showing that there were victims of the program. In 2004, my client was being investigated and the government gave his lawyers a copy of a top secret document that we contend revealed their unlawful surveillance. The government asserted State Secrets Privilege. The judge just said that you can't use the document to establish surveillance unless you can show evidence in non-classified information.

Thom: This is Alice in Wonderland.

Jon: Yes it is. ... The FISA bill: It doesn't affect our lawsuit. There are 40 lawsuits against the telecoms, so for right now, they're out... The new bill gives them immunity, but doesn't affect cases directly against the government. What's next for us: We have to restructure our complaint to allege that our client was surveilled based on unclassified evidence.

Thom: Judge Walker asserted the Alice in Wonderland thing, that it's criminal, but you can only prosecute its criminality outside of its secrecy, but it's secret. Is he a Bush political appointee, is it a problem?

Jon: No, I've been impressed with him as a judge. But he put up a roadblock because that's how he read the FISA provision that applies to us. But, he recognizes that it's "not user friendly". The possible outcome? I want at least 5 judges in the Supreme Court to say the program is unlawful, etc.

Thom: It'll be too late to use in an impeachment hearing.

Jon: I'm afraid so.