US Moves in Secret to Quash Suit Against AT&T

[cal04]

The Bush administration is filing secret arguments with a federal judge to dismiss a lawsuit against AT&T over its alleged participation in the government's electronic surveillance program, a privacy-rights group said Friday.
The Electronic Frontier Foundation, which filed the suit in a San Francisco federal court in January, said Justice Department lawyers had notified it that the motion to dismiss and accompanying sworn statements were being filed under seal. Only an edited version will be made public.

The administration said last month that it would assert the "military and state secrets privilege'' and argue that allowing the case to proceed would jeopardize national security. Filing the arguments under seal is common in such cases and has been permitted by federal courts. "We will be forced to argue against a secret brief that we will never see in total,'' said Kevin Bankston, a lawyer with the foundation.

The suit, filed on behalf of AT&T customers, accuses the company of giving the National Security Agency access to its voice and data network and records of customers' calls and e-mails without a search warrant or any evidence of wrongdoing. The suit seeks an order halting the company's actions and damages for all affected customers.

President Bush has said that shortly after the terrorist attacks of Sept. 11, 2001, he authorized the National Security Agency to intercept phone calls and e-mails between U.S. residents and terror suspects abroad without court approval. The Foreign Intelligence Surveillance Act of 1978 required the government to obtain a warrant from a court in secret session for such surveillance, but Bush maintains he has the constitutional authority to override the law.

http://www.commondreams.org/headlines06/0513-01.htm

[MADem]

1. Well, that's good for a couple of months of stalling, at minimum

Nahn Wun Wun changed ever-thang, ya see...

Jesus.

[LaurenG]

2. I do not believe that

giving the National Security Agency access to voice and data networks and records of customers' calls and e-mails has ANYTHING to do with terrorism. This administration is so inept that if a terrorist wanted to hurt us they would have done so by now. I'm really tired of pretending that we are being spied on for security interests. The only reason is to find out whatever they can on all Americans. I really don't want to speculate out loud about why as it's pretty frightening.

[SammyWinstonJack]

10. They did, on Sept 11th, according to the inept bush gang.

"This administration is so inept that if a terrorist wanted to hurt us they would have done so by now." And it seems that the NSA was spying on us before that day happened. Lot of good their domestic spy program did to protect us. :eyes:

[LaurenG]

12. I now believe that the administration was part of

911. They didn't try to protect us because they were in on it. I could be wrong but I can't shake the feeling that this is all a sham, all of it and 911 was a well planned event straight from the top.

[Nothing Without Hope]

3. Very important. Another thread on this:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2281872
thread title (5-13-06) Motion filed to intervene in AT&T secrets case(seeks dismissal)

It just hit the Greatest Page.

And doesn't this just dovetail nicely with the lying WaPo article, written by a former Bush deputy assistant, claiming that the Telcos are 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:

And remember: that bogus WaPo/ABC poll claiming surprising (!) majorities of Americans FAVOR massive NSA domestic spying was not only totally without merit, it was done by a company WHOSE PRIMARY CLIENTS ARE 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!

The aspens are connected at the roots. A WHOLE LOT is riding on the judge in this AT&T case.

[babylonsister]

4. I imagine that's been the plan all along. Should their

underhandedness ever be realized by the American people, as it has, the telecom companies could count on the gummint to go to the mat for them.
However, that doesn't explain Qwest's non-cooperation that wasn't challenged by the NSA.
This is gonna get ugly, and I trust we'll be part of whatever class action suit might be filed on our behalf here. Where do I sign up?
:popcorn:

[enlightenment]

5. I thought it kind of interesting that the CEO of Qwest

left his job in 2002 under a cloud of suspicion -- and has now been charged by the federal government with insider trading.

Perhaps just coincidence (Occam's razor and all that), but still raises an eyebrow that he defied the feds for over a year and then finds himself in hot water . . .

[babylonsister]

9. Look at the CIA analyst Mary McCarthy, fired right before she

is supposed to retire. Today I read on DU that she was involved in the Foggo investigation. They act like a bunch of babies but seem evil and vengeful. :scared:

[Joanne98]

11. The Carlyle Group bought Qwest Yellow pages in 2002.....

Maybe it's just a coincidence.....


Dex Media, Inc.


In August 2002 Carlyle and Welsh, Carson, Anderson & Stowe agreed to purchase Qwest Communications’ yellow pages unit, QwestDex, for $7.05 billion, the third largest corporate buyout in U.S. history and the largest since 1989.

QwestDex was renamed Dex Media, Inc. Dex Media is the exclusive publisher of white and yellow page directories in the 14 states where Qwest Communications provides local service, and will continue to do so under a 50-year agreement.

The transaction was structured to be completed in two stages. In November 2002 the first stage, involving the sale of QwestDex operations in Colorado, Iowa, Minnesota, Nebraska, New Mexico, North Dakota and South Dakota (Dex Media East), closed at a sale price of $2.75 billion. The second phase (Dex Media West), which included operations in Arizona, Idaho, Montana, Oregon, Utah, Washington and Wyoming, was for $4.30 billion and closed in 2003.

James Attwood, Carlyle Managing Director said, “Dex Media is a leader in its industry. Our investors will benefit from the stable, predictable cash flows of the directories business without assuming the risks that characterize many other telecom-related investments today.”

Carlyle High Yield Partners assisted Carlyle Partners III and Welsh, Carson, Anderson & Stowe in evaluating, structuring and obtaining $6 billion of debt commitment to finance the acquisition of Dex Media, Inc. Carlyle High Yield Partners' expertise in managing a diversified portfolio of below investment grade loans and bonds provides The Carlyle Group with a competitive advantage in evaluating and accessing the debt markets.

Michael Zupon, Carlyle Managing Director, said "With Welsh, Carson, Anderson & Stowe, we provided Qwest Communications with a fully financed proposal to acquire QwestDex in a very difficult market environment. Our ability to provide the capital necessary to consummate a very large acquisition enabled Qwest Communications to achieve its objective."

In July 2004, Dex underwent an IPO and began trading on the NYSE.

In January 2006, R. H. Donnelley Corporation (NYSE: RHD) acquired Dex Media, creating the nation's third largest yellow pages publisher. Carlyle maintains an ownership stake in R. H. Donnelley.

[Initech]

6. So this proves it - he's above the law.

:argh:

[earth mom]

7. I am so SICK of this crap!

Secret this, secret that. Will this info get out to the public? Hell no! :argh:

If the public REALLY knew all the "secret" crap Bush Co has pulled...

Impeachment would be a REALITY.

NO DOUBT in my mind. :mad:

:rant:

[stepnw1f]

8. I'm Spreading this Factiod Far and Wide

enjoy spining Bush bots....

[FogerRox]

13. I got one thing to say about that:

[Justice Is Comin]

14. I think their

state secrets hail mary pass is going to have big trouble if the lawyers are sharp.

Even disclosing the most intimate details of this program would not "jeopardize" national security. No aggressive imminent act is going to be triggered merely by the disclosure of this program.

It is not like disclosing the war plans of Marine assault locations for invasion. That would jeopardize national security.

In this case what should kick in is that the prejudicial damage to the defendant (aka govermnent) is outweighed by the publics right to know. A classic application appropriate here.

[Bush_MUST_Go]

15. In essence, the admin. will protect any corp. that helps Big Brother.

Worried about laws.... the admin. has ways around THAT problem.

[Hubert Flottz]

16. "We will be forced to argue against a secret brief that we will...

never see in total,'' said Kevin Bankston,

Welcome to Nazi America dude!