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ACLU fights to release NSA wiretap papers

UPI
Friday May 25, 2007 

The American Civil Liberties Union and other groups are fighting to get U.S. electronic surveillance papers released to the public.

The ACLU announced Wednesday that it, the National Security Archive and the Electronic Privacy Information Center, had presented new legal papers asking a U.S. judge to force the Justice Department "to release documents pertaining to the National Security Agency's warrantless surveillance program."

The ACLU cited former U.S. Deputy Attorney General James Comey as saying last week that the Justice Department had already come to the conclusion in March 2004 that the NSA program was unlawful.

"As Mr. Comey's testimony makes clear, the NSA's warrantless surveillance program was illegal, and even the Justice Department's own attorneys reached that conclusion," said Jameel Jaffer, director of the ACLU's National Security Project. "Full disclosure about this blatantly illegal program is imperative, particularly because President Bush continues to assert the authority to resurrect the program at any time."

On Wednesday, the three human rights organizations requested Judge Henry H. Kennedy of the U.S. District Court for the District of Columbia "to deny the government's motion and to review the documents himself to determine whether the documents should be released," the ACLU statement said.

The ACLU said Comey had acknowledged that Bush had re-approved the NSA electronic surveillance program in 2004 without a signature from the Justice Department. The ACLU said the president had taken the action although "both Comey and then-Attorney General John Ashcroft determined that the program was illegal."

U.S. human rights groups have stepped up their efforts to impose greater oversight on the Bush administration's domestic electronic surveillance activities since the Democrats took control of Congress in the midterm elections last November.

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