U.S. District Judge Vaughn Walker of San Francisco warned the Obama administration on Friday of severe sanctions if it does not comply with the court’s order to turn over a secret document an Islamic group says proves they were illegally spied upon.
The case, Al-Haramain v. Obama (see also: Al-Haramain V. Bush), springs out of a government mistake in which a secret document detailing the wiretapping of calls between attorneys and Saudi charity Al-Haramain was turned over to the charity’s counsel.
The document was taken back by the government, and the Department of Justice has since maintained that the attorneys who read it should not be allowed to use their memories to pursue litigation over the illegal spying.
“It could be a scene from Kafka or Brazil ,” noted Wired when the story first broke in March 2007. “Imagine a government agency, in a bureaucratic foul-up, accidentally gives you a copy of a document marked ‘top secret.’ And it contains a log of some of your private phone calls.”
“Walker, bringing to a head months of volleying between the government, the plaintiffs and himself, ordered Justice Department lawyers to explain why he should not essentially enter a default judgment against the government for violating the Foreign Intelligence Surveillance Act by spying on the Al-Haramain Islamic Foundation,” reported Law.com.
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