Motion filed to intervene in AT&T secrets case(seeks dismissal)

[cal04]

The U.S. government filed a motion on Saturday to intervene and seek dismissal of a lawsuit by a civil liberties group against AT&T Inc. over a federal program to monitor U.S. communications. The suit filed in the U.S. District Court of the Northern District of California accuses AT&T of unlawful collaboration with the National Security Agency in its surveillance program to intercept telephone and e-mail communications between the United States and people linked to al Qaeda and affiliated organizations.

The class-action suit was filed by San Francisco-based Electronic Frontier Foundation on behalf of AT&T customers in January -- before reports this week that AT&T and two other phone companies were secretly helping the government compile a massive database of phone calls made in the United States. In its motion seeking intervention, posted on the court's Web site, the government said the interests of the parties in the lawsuit "may well be in the disclosure of state secrets" in their effort to present their claims or defenses.

"Only the United States is in a position to protect against the disclosure of information over which it has asserted the state secrets privilege, and the United States is the only entity properly positioned to explain why continued litigation of the matter threatens the national security," said the motion, dated May 12. A hearing is scheduled for June 21 before federal Judge Vaughn Walker. The Electronic Frontier Foundation has said in court filings that a former AT&T technician had approached the group in January to share details of the company's role in the surveillance program.

The revelation in December that the NSA was eavesdropping inside the United States without warrants on international calls and e-mails of terrorism suspects sparked an uproar. On Thursday, USA Today reported that the NSA, helped by AT&T, Verizon Communications Inc. and BellSouth Corp., was secretly collecting phone records of tens of millions of people, and using the data to analyze calling patterns in an effort to detect terrorist activity.

http://news.yahoo.com/s/nm/20060513/pl_nm/security_att_dc

[salin]

1. Great to hear/read.

Given how Congress has completely ceded it's constitutional role for oversight - esp when it was already revealed that the President was exceeding his constitutional powers via extra-constitutional signing statemnts, we have to hope that some justices still believe in the Constitution, and in protecting the Constitution against illegal acts by the Executive branch. Granted this case is against the corporations - central to it is the actions of the Executive Branch. This and the NJ case are very, very good news.

[Supersedeas]

18. we shall see how the Justices view unwarranted power

[C_U_L8R]

2. They cannot shut us up.

Every time they try to quiet us we only get louder and stronger,
These crooks are on the wrong side of everything...
and they will eventually lose.

[flyarm]

3. what do we know about federal Judge Vaughn Walker?? n/t

[flyarm]

6. U.S. District Court Judge Vaughn Walker

http://searchcrm.techtarget.com/originalContent/0,289142,sid11_gci1005194,00.html

Judge rules in favor of Oracle in takeover case

By Ellen O'Brien, News Editor
09 Sep 2004 | SearchCRM.com

snip:
A federal judge has sided with Oracle Corp. in a battle over whether the company's attempted acquisition of rival PeopleSoft Inc. would violate antitrust law.
In a 164-page ruling, U.S. District Court Judge Vaughn Walker rejected the U.S. Justice Department's argument that the hostile takeover would severely limit choices for customers of software that automates business functions.

The ruling comes 15 months after Oracle first issued an offer for PeopleSoft, and follows weeks of heated testimony in a high-profile case that had competitors and stockholders on edge.




snip;
Pleasanton, Calif.-based PeopleSoft responded with a statement that promised it would "review the implications of today's ruling" and reiterated that its board has previously determined that Oracle's tender offer to shareholders, which currently stands at $21, is too low.

[flyarm]

7. Judge Walker U. S. District Court, Northern District of California

http://www.fjc.gov/servlet/tGetInfo?jid=2483

Walker, Vaughn R.
Born 1944 in Watseka, IL

Federal Judicial Service:
U. S. District Court, Northern District of California
Nominated by George H.W. Bush on September 7, 1989, to a seat vacated by Spencer M. Williams; Confirmed by the Senate on November 21, 1989, and received commission on November 27, 1989. Served as chief judge, 2004-present.

Education:
University of Michigan, A.B., 1966

Stanford Law School, J.D., 1970

[wtmusic]

4. Here's why this motion should be denied

"Only the United States is in a position to protect against the disclosure of information over which it has asserted the state secrets privilege."

Possibly. But the United States also failed to to protect against the disclosure of information which the Fourth Amendment guarantees all Americans.

They trumped their own argument. If the judge is competent he/she will catch this.

onedit: and if not SCOTUS should (and if not, we're screwed).

[Robbien]

12. This judge followed the rule of the law on anti-trust

hopefully he will buck the system again and allow this case to go forward.

BushCo gets us coming and going. They say what they are doing is legal because the telcos freely give them the info. When we go after the telcos for "freely giving them the info", BushCo tries to stop us based on "state secrets" statutes.

[nolabels]

15. Unless there was a law written before the suit was filed.......

it would appear to me that the U.S. government is on the outside looking in just about anyway you look at it.
Civil court is just so much fun when it comes to hitting the pocketbook hard

Can you imagine them trying to find someone not involved when the process are trying to seat a jury comes around :rofl:

[screembloodymurder]

5. The only thing we can do to stop this is change carriers.

There are small companies out there.

[tavalon]

11. Working Assets

http://www.workingassets.com/

[midnight]

16. Hi tavalon.

Do you have a cell or a land or both from working assets?

[tavalon]

17. I had a land line

Now using cellular from Cingular. My contract is up with them in about 2 months and I'm going to research their cellular coverage.

[tuvor]

8. K/R

[Gman]

9. K&R too

anything on this topic needs to be K&R'd this weekend.

[tuvor]

10. Indeed.

[Nothing Without Hope]

13. Connect dots: WaPo just published another lie claiming telcos not liable:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x1178358
thread title (5-13-06 GD): The Wash Post LIES AGAIN - claims the telcos aren't liable in NSA spying:
The WaPo article - which is utterly false - was written by a former deputy assistant to Bush.

Oh, and by the way, that lying WaPo/ABC poll was done by a company whose primary clients are TELECOMMUNICATIONS PROVIDERS - back to the Telcos. See Reply #23 in this thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x1174702
thread title (5-12-06 GD): Bogus WaPo/ABC poll on Americans' "support" of NSA spying-FIGHT THIS SCAM!

K & R

[gatlingforme]

14. Boycott / cancel AT$T contracts !!!!!!!!! n/t