FISA CASE BACK ON: On March 21 The Nation, along with the ACLU and other organizations and individuals, won a huge legal victory when the US Court of Appeals for the 2nd Circuit reinstated our landmark lawsuit challenging an unconstitutional government-spying law.
One of the most egregious of the post-9/11 civil liberties abuses was the Bush administration’s secret warrantless wiretapping program. After it was exposed by the New York Times in 2005, the administration used fear of terrorism to browbeat Congress into granting sweeping new powers to the government through the FISA Amendments Act of 2008 (FAA). That law allows the executive branch to conduct international surveillance without requiring it to identify targets and without meaningful judicial oversight; in particular, it grants the government nearly unlimited power to monitor the international communications of US citizens.
In 2008 The Nation joined Amnesty International USA, Global Fund for Women, Human Rights Watch, the Service Employees International Union and others, with the ACLU and NYCLU as counsel, in a federal lawsuit against the act. Our case, which included testimony from Nation writers Chris Hedges and Naomi Klein, argued that the statute was a serious impediment to our work as human rights, labor, legal and media organizations, which requires us to engage in sensitive communications with colleagues, sources and clients abroad.
The appeals court reversed a 2009 district court decision that ruled we didn’t have standing to challenge the law because we couldn’t prove that our communications had been monitored. The constitutionality of the FAA is yet to be decided by a court, but now the case can go forward; as Jameel Jaffer, the ACLU lawyer who argued the case in court, said, “The government’s surveillance practices should not be immune from judicial review, and this decision ensures that they won’t be.” ROANE CAREY
EXHUMING McCARTHY: When hundreds of thousands of Wisconsinites rallied to protest Governor Scott Walker’s assault on public employee unions and related power grabs, Wisconsin history professor William Cronon developed an online study guide for people who might be interested in where the governor’s ideas were coming from. Citing conservative and progressive scholars, Cronon described the work of the corporate-funded American Legislative Exchange Council (ALEC) to influence state policies. The study guide proved to be popular, and Cronon wrote a thoughtful opinion piece for the New York Times.
None of this sat well with the Wisconsin Republican Party, which sent a letter (written by a former Walker aide) to the University of Wisconsin, demanding access to Cronon’s e-mails regarding the Wisconsin conflict. Cronon responded that he had nothing to hide but hoped Republicans would rethink the demand. “I find it simply outrageous that the Wisconsin Republican Party would seek to employ the state’s Open Records Law for the nakedly political purpose of trying to embarrass, harass, or silence a university professor (and a citizen) who has asked legitimate questions and identified potentially legitimate criticisms concerning the influence of a national organization on state legislative activity,” he observed.