Secret Court Poses Challenges Non-Government Litigants Lack Access, Ways to Influence Cases By Dan Eggen Washington Post Staff Writer Monday, August 30, 2004; Page A21
The Justice Department has argued in a recent court case that librarians, booksellers and other businesses can easily challenge a controversial provision of the USA Patriot Act by appealing to a super-secret court that approves surveillance of terrorists and foreign intelligence agents.
The only problem, according to a document released last week, is that the same court does not allow anyone but government attorneys and agents inside its doors.
... In a Michigan lawsuit filed by the ACLU, Justice attorneys have argued that anyone targeted under the provision would have the ability to contest the issue. "If and when a Section 215 order is served on these plaintiffs, they will have ample opportunity to challenge it before the court that issues the order (i.e. the FISA Court)," the attorneys wrote in a July brief.
But the court's rules say that only attorneys empowered by the attorney general or government agents may appear before it, and there is no mention of accepting outside motions or briefs.
... Patrice McDermott, deputy director of government relations for the American Library Association, said the government's arguments "appear to be a red herring."
"They keep saying you can challenge it, but they have never indicated how anyone could actually do so," she said.
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