US Government answer to unseal server seizure court order in the US
Chris | 10.11.2004 00:02 | FBI Server Seizure
The US State Attorney (ie the lawyer for the US government) has responded to the motion to unseal, see the EFF Indymedia page for more info and read on for arguments of the US Government.
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION
IN RE: Request from Requesting State Pursuant to the Treaty Between the United States of America and the Requesting State on Mutual Assistance in Criminal Matters
No. SA-04CA0676-OG
GOVERNMENT'S RESPONSE TO MOTION TO UNSEAL
Movants Electronic Frontier Foundation ("EFF"), Urbana-Champaign Independent Media Center Foundation ("UCIMC") and XXX XXX ("XXX") have petitioned the court to unseal the documents previously filed in the above entitled and numbered cause. The United States responds herein and ask [sic] that said request be denied and for grounds would show as follows:
1. None of the Movants have standing to file the Motion to Unseal. As acknowledged by the Movants, the subponea at issue was served on Rackspace in San Antonio, Texas. The parties to the instant action are the requesting foreign country, hereinafter "requesting state", the United States goverment and the party on whom the subponea was served, Rackspace. The entities and one individual requesting the illegal unsealing are not parties and lack standing to complain of the alleged seizure. EFF and UCIMC contend they have standing as a consequence of the ruling in U.S. vs. Chagra, 701 F.2d 354 (5th Cir., 1983). Chagra, as the Court is aware, was a unique situation and the Fifth Circuit has limited its' applicability. Walker vs. City of Mesquite, 858 F.2d 1071, (Fth Cir.(Tex.) Oct 31, 1988), holding Chagra was a "unique situation" and thus not precedent for expanding standing to unanmed party members in a class action suit at 1075, footnote 1. Similarly, Movant XXX is not a party to the MLAT request. Movants state XXX received no justification nor any avenue for redress. Neither are true. XXX was told by Rackspace they received an order and were bound to comply with it. Movant XXX was offered his servers back but refused. Subsequently he demanded and was given new servers by Rackspace. As Moveants have no standing their request to unseal should be denied.
2. As further grounds for the denial of the Motion to Unseal, without waiving the forgoing, the United States would show that pursuant to Article 8 of the treaty between the United States and the requesting country, entitled "Protecting Confidentiality and Restricting Use of Evidence and Information" states in part;
"2. If deemed necessary, the Requesting State may request that the application for assistance, the contents of the request and its supporting documents, and the granting of such assistance be kept confidential".
Such a request has been made to the United States by the Requesting State. The unsealing and release of the documents therein would violate the treaty between the United States and the Requesting State. Article VI of the United States Constitution states in part:
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
As such this Honorable Court is required to uphold the confidentiality of the Requesting state and the documents must be sealed.
3. "As further grounds for the denial of the Motion to Unseal, without waving the forgoing, the U.S. would show that the sealed documents pertain to an ongoing criminal terrorism investigation. The unsealing of the documents on file in the matter would seriously jeopardize the investigation. The non-disclosure is necessitated by a compelling government interest."
Wherefor, premises considered the United States respectfully requests that this honorable Court deny the Motion to Unseal.
Respectfully submitted,
JOHNNY SUTTON UNITED STATES ATTORNEY
[signed by Don J. Calvert, Assistant United States Attorney]
Chris
Comments
Hide the following 6 comments
What next?
10.11.2004 00:38
jablon
Attorney was appointed by Bush...
10.11.2004 01:23
uplate
Next:
10.11.2004 02:18
@
Be aware this is not the court result
10.11.2004 13:04
The US Court has NOT yet ruled on this, it's just the US Department of Justice filing their opposition to the Indymedia EFF motion to unseal the order - which is just as expected.
just to be clear
The US government are just 'trying it on' here....
10.11.2004 14:02
Does that make you feel clever and wanky government pedophiles?
...see second comment by me here...
Hopefully this will mean that the christian blair government will be evicted at the next election despite the fact that they try and bribe 'the yoof' by 'decriminalising' Cannabis. Again it's important to emphasise that these people...bush, blair, straw, and so on are nerdish wankers...hiding behind their secruity barriers..individually lying pathological pyscopaths.
Not that I'm usually one for 'playing the game' (invoking britain) to get a result. But we will have a result on this matter american neo nazi christian fildth...and we WILL end your unilateral laws here. (no taxation without representation!)
Pathetic scum.
Blessed be,
King Amdo.
King Amdo
Why the bill of rights no longer matter
22.11.2004 20:58
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
What the DOJ is saying is that the reason why courts have repeatedly ignored constitutional arguments is that the constitution means less than the treaties that have been made. So if there is a clause in a treaty that says that something will happen to someone, there is no recourse for that person.
Welcome to Facism. Of course, I think November 2004 is truth supression month, but heck maybe December will be even worse.
Shane