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Bush spying 'illegal'
18/01/2006 11:45 - (SA)
New York - Two lawsuits were filed in federal court that seek to end President George W Bush's electronic eavesdropping programme, saying it is illegal and exceeds his constitutional powers.
The lawsuits - one filed in New York by the Centre for Constitutional Rights and the other in Detroit by the American Civil Liberties Union and other groups - say the programme bypasses safeguards in a 1978 law requiring court approval of electronic monitoring.
The Centre for Constitutional Rights is suing Bush, the head of the National Security Agency and the heads of the other major security agencies.
The organisation, which represents hundreds of men held as enemy combatants at Guantanamo Bay, Cuba, must now audit old communications to determine whether "anything was disclosed that might undermine our representation of our clients," Bill Goodman, the centre's director, said on Tuesday.
The Detroit lawsuit, which names the National Security Agency and its director, said the programme has impaired plaintiffs' ability to gather information from sources abroad as they try to locate witnesses, represent clients, do research or engage in advocacy.
It was filed by the ACLU, the Council on American-Islamic Relations, Greenpeace and individuals on behalf of journalists, scholars, attorneys and national non-profit organisations that communicate with people in the Middle East, Asia and elsewhere.
'Without merit'
A spokesperson for the Justice Department disputed the lawsuits' assertions.
"We believe these cases are without merit and plan to vigorously defend against the charges," Brian Roehrkasse said.
A message left with the National Security Agency was not immediately returned.
Bush maintains the programme is legal under a congressional resolution passed after the attacks of September 11, 2001. It authorises eavesdropping on international phone calls and e-mails of people deemed terror risks.
The New York lawsuit noted that federal law already lets the president order warrantless surveillance during the first 15 days of a war and allows courts to authorise surveillance of agents of foreign powers or terrorist groups.
The 1978 law requiring court approval was established after public fury erupted over surveillance of individuals, including Martin Luther King Jun.
On the net:
www.aclu.org
www.ccr-ny.org
- AP
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