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The Oregonian -Saturday, April 15, 2006
Muslim charity challenges warrant-less surveillance
U.S. attacks lawsuit, arguing secret rationale for secret file
BY ASHBEL S. GREEN
The government, Turley said, even has excluded lawyers with security clearances from reviewing documents relating to the wiretap program, which was disclosed late last year by The New York Times.
Experts say the Oregon case is among the most direct challenges to the program. Lawyers for an Islamic charity that once had an office in Ashland contend they were the victims of illegal eavesdropping. Without providing specifics, they submitted a classified document that they said supports their lawsuit against the government.
In Friday's filing, government lawyers for the first time acknowledged that the document mistakenly had been given in 2004 to attorneys for the Saudi-based charity, known as Al-Haramain. At the time, Treasury Department officials were reviewing whether to freeze the charity's assets because of ties to terrorists. Later that year, they did so.
On Friday, attorneys for the charity objected to the government's proposal for secret contacts with U.S. District Judge Garr M. King. They asked that the judge not even look at the government filing "until the parties and the court have had an opportunity to discuss the matter on the record."
Al-Haramain filed its lawsuit against the government in February along with the document, which was submitted under seal. Shortly after, The Oregonian filed a motion seeking its public release. Lawyers for Al-Haramain have not objected to that motion. In arguing against such a move, the government Friday said the public had no right to view a classified document.
In addition, the government included a "declaration" outlining the specific reasons supporting its position. That document was submitted to the judge in secret.
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1145071515233900.xml&coll=7
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