http://www.nysun.com/article/32176...In a brief filed recently in U.S. District Court in Manhattan, the city bar association asserts that the monitoring of attorney-client conversations as part of the NSA's eavesdropping program is unconstitutional and has impaired the ability of lawyers to represent terror suspects.
"The NSA Surveillance Program seriously inhibits the ability of these accused persons - supposedly members or affiliates of politically unpopular groups accused of terrorism - effectively to litigate their position because it necessarily chills communications with their attorneys, as well as communications between their attorneys and witnesses and others who reside outside the United States."
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In March, the CCR requested that the judge in its case against the government, Gerard Lynch, immediately rule that the eavesdropping is illegal. The CCR - joined now by the city bar - takes the position that public comments by administration officials provide enough evidence that the program is unlawful.
Some legal observers have expressed significant doubts that a judge would rule against the surveillance program prior to hearing evidence beyond the public statements of administration officials. President Bush has said the program is necessary to protect the public against terrorism and has taken the position that the program is legal even though the wiretapping may occur without a warrant from a court.