WASHINGTON, Oct. 3 (UPI) -- The ACLU is petitioning the U.S. Supreme Court to resurrect a challenge to the legality of President Bush’s warrantless wire-tapping program.
The case, filed on behalf of several journalists, scholars and attorneys, argued that the program -- under which the government can listen to the international calls of Americans without a warrant, if one party on the line is suspected of terror links -- was an infringement of their First Amendment rights to communicate effectively with sources and clients.
The 6th Circuit Appeals Court dismissed the case in July, ruling that, as they could not prove they had been subjected to surveillance under the ultra-secret program, they lacked standing to bring the case.
“Innocent people who are harmed by illegal government surveillance should be able to challenge that surveillance in court,” said Jameel Jaffer, director of the ACLU’s National Security Project and one of the attorneys in the case.
ACLU officials say the Supreme Court should intervene because there is a public interest in letting the case be decided on its merits.
“The government should not be able to avoid scrutiny of its surveillance activities simply by refusing to identify the victims of its unlawful behavior,” added Steven Shapiro, the ACLU’s national legal director.
Beginning in 2001, President Bush secretly authorized the National Security Agency to conduct electronic surveillance without a warrant under the so-called Terrorist Surveillance Program.
