Leahy, Kennedy Press For Information
On Court Cases Potentially Compromised
By Bush Administration's Illegal Domestic Spying Program

...As Judiciary Committee Continues Inquiry Of Warrantless Spying,
Panel's Leading Democrats Seek Info On Current Cases
Where Parties Claim Evidence Was Illegally Obtained
Through Administration's Unlawful Program

WASHINGTON (Friday, March 17) -- Senators Patrick Leahy (D-Vt.) and Edward Kennedy (D-Mass.) Friday sent a letter to Attorney General Alberto Gonzales seeking information on court cases that may have been compromised by the Bush Administration’s illegal domestic spying program. 

In their oversight letter, Leahy, the ranking Democratic member of the Judiciary Committee, and Kennedy, a senior member of the panel, ask Gonzales to provide the committee with information on all legal challenges where parties in the case are claiming evidence was illegally obtained through the illegal program or any others operated outside the law.  

The Judiciary Committee has been conducting an inquiry of the warrantless wiretapping program since it was revealed late last year.  The Committee is expected to hold more hearings in the coming months. 

Below is the text of the letter.

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March 17, 2006

 The Honorable Alberto Gonzales
Attorney General,
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C.  20530

Dear Attorney General Gonzales:

According to press accounts, several terrorism defendants have filed legal challenges to the President’s program of electronic surveillance of Americans without a warrant.  These include Ali al-Timimi, a Virginia Islamic scholar convicted of inciting his followers to train for violent jihad, and Iyman Faris, an Ohio truck driver convicted of plotting with al Qaeda to bring down the Brooklyn Bridge.  In addition, a federal judge postponed sentencing Ahmed Omar Abu Ali, a Virginia man convicted of conspiring to assassinate President Bush, pending further assurance by the government that no information used against him was obtained through warrantless surveillance.

The Judiciary Committee is continuing its inquiry into the President’s “Terrorist Surveillance Program”, and we ask that you send for our review a list of every criminal case in which a defendant is alleging that evidence was illegally obtained through this program or any other program involving foreign intelligence surveillance outside of the Foreign Intelligence Surveillance Act.  For each case listed, please provide a brief description of the offense, the legal claims raised by the defendant, and the current status of the litigation.  In addition, please provide copies of all rulings by any court that address this issue.  Finally, we ask that you update these materials on a continuing basis as significant developments, including rulings by any court, occur.

We look forward to your prompt reply to this inquiry.

Sincerely,

PATRICK LEAHY                                                                        EDWARD M. KENNEDY
Ranking Member                                                                            United States Senator

 

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