American Samizdat

Saturday, January 27, 2007. *
Secrecy Is at Issue in Suits Opposing Spy Program

In August 2004, the Treasury Department’s Office of Foreign Assets Control, which was investigating an Oregon charity, al-Haramain Islamic Foundation, inadvertently provided a copy of a classified document to a foundation lawyer, Lynne Bernabei.

That document indicated, according to court filings, that the government monitored communications between officers of the charity and two of its lawyers without a warrant in spring 2004.

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The F.B.I. learned of the disclosure almost immediately in August 2004, Judge King said at a court hearing last year, but made no effort to retrieve copies of the document for about six weeks.

When it did, everyone it asked apparently returned all copies of the document. In a statement reported in The Post in March, for instance, Mr. Ottaway said he the F.B.I. had told him that the document had “highly sensitive national security information.”

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He added, “The document must be completely removed from the case, and plaintiffs are not allowed to rely on it to prove their claims.”

Judge King wondered aloud about the implications of that position, saying, “There is nothing in the law that requires them to purge their memory.”


This, to me, is the ultimately heroic trait of ordinary people; they say no to the tyrant and they calmly take the consequences of this resistance.
~Philip K. Dick
posted by Uncle $cam at 6:34 AM
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