Recent Broward Law Blog Features

Wednesday, April 8, 2009

President Obama's Legal Team Wants to Expand Wiretapping?

The Raw Story is reporting today that the Obamarama Administration is doing a legal dance in court to expand the rights of the government to wiretap. Are you listening, John Howes?

In a legal filing on Friday, Obama lawyers claimed the government is shielded from lawsuits by a 'sovereign immunity' clause in the Patriot Act.

For the first time, the Obama Administration's brief contends that government agencies cannot be sued for wiretapping American citizens even if there was intentional violation of U.S. law. They maintain that the government can only be sued if the wiretaps involve "willful disclosure" -- a higher legal bar.

Will have to look into this later. Not very impressive though. What was impressive was the holding by the 4th DCA rejecting the State Attorney's appeal in State vs. Martinez. Congrats to the legal team from the BACDL, including John Howes, who fought the winning battle.

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