January 17, 2006 Two Groups Planning to Sue Over Federal Eavesdropping By ERIC LICHTBLAU
WASHINGTON, Jan. 16 - Two leading civil rights groups plan to file lawsuits Tuesday against the Bush administration over its domestic spying program to determine whether the operation was used to monitor 10 defense lawyers, journalists, scholars, political activists and other Americans with ties to the Middle East.
The two lawsuits, which are being filed separately by the American Civil Liberties Union in Federal District Court in Detroit and the Center for Constitutional Rights in Federal District Court in Manhattan, are the first major court challenges to the eavesdropping program.
Both groups are seeking to have the courts order an immediate end to the program, which the groups say is illegal and unconstitutional....
The lawsuits seek to answer one of the major questions surrounding the eavesdropping program: has it been used solely to single out the international phone calls and e-mail messages of people with known links to Al Qaeda, as President Bush and his most senior advisers have maintained, or has it been abused in ways that civil rights advocates say could hark back to the political spying abuses of the 1960's and 70's?
"There's almost a feeling of déjà vu with this program," said James Bamford, an author and journalist who is one of five individual plaintiffs in the A.C.L.U. lawsuit who say they suspect that the program may have been used to monitor their international communications.
"It's a return to the bad old days of the N.S.A.," said Mr. Bamford, who has written two widely cited books on the intelligence agency.
Although the program's public disclosure last month has generated speculation that it may have been used to monitor journalists or politicians, no evidence has emerged to support that idea. Bush administration officials point to a secret audit by the Justice Department last year that reviewed a sampling of security agency interceptions involving Americans and that they said found no documented abuses.
The Center for Constitutional Rights plans to sue on behalf of four lawyers at the center and a legal assistant there who work on terrorism-related cases at Guantánamo Bay, Cuba, and overseas, which often involves international e-mail messages and phone calls. Similarly, the plaintiffs in the A.C.L.U. lawsuit include five Americans who work in international policy and terrorism, along with the A.C.L.U. and three other groups....
One of the A.C.L.U. plaintiffs, Larry Diamond, a senior fellow at the Hoover Institute, said that a Stanford student studying in Egypt conducted research for him on political opposition groups, and that he worried that communications between them on sensitive political topics could be monitored. "How can we communicate effectively if you risk being intercepted by the National Security Agency?" Mr. Diamond said.
Also named as plaintiffs in the A.C.L.U. lawsuit are the journalist Christopher Hitchens... -- Jim Devine "When I was a boy I was told that anybody could become President. Now I'm beginning to believe it." -- Clarence Darrow