The case is likely to draw more media attention than most civil lawsuits because it comes at a time when the Bush administration is being accused of ignoring constitutional rights and laws passed by congress by carrying out secret interceptions of international telephone calls and emails by the National Security Agency, part of the Defense Department.
Last week, the CCR and the American Civil Liberties Union filed lawsuits asserting that President George W. Bush's authorization of the wiretaps of U.S. citizens without court warrants was illegal. They say it violates the provisions of the Foreign Intelligence Surveillance Act (FISA), passed by congress in 1978. The FISA law established a permanent court that alone has the authority to issue warrants for surveillance of U.S. persons. The law defines U.S. persons as those in the U.S., whether citizens or not.
The Bush Administration contends it has "inherent" constitutional authority to protect the people in time of war, as well as implicit authority in the resolution passed by congress that authorized the president to take military action to win the "Global War on Terror".
Before he became Attorney General, Gonzales served as White House Counsel and played a significant role in crafting post 9/11 administration detention policies and practices. So did the current head of our Homeland Security department, who was a senior official in the Ashcroft Justice Department before he was promoted to a lifetime appointment as a federal judge.
Little has been done to fix the grossly dysfunctional and highly secretive immigration prison system that is now part of our Homeland Security apparatus. It was dysfunctional before 9/11 and it remains dysfunctional today.
So it seems fitting that the lawsuit brought by the deportees should be heard at this particular point in history. It will be yet another test of whether our justice system can work in an environment of war, fear, and executive power.
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