In an unexpected move, the 9th Circuit has rejected the Obama/Dead-Ender attempt to stay the al-Haramain suit against Bush for illegally wiretapping it.
The order is short and sweet:
We agree with the district court that the January 5, 2009 order is not appropriate for interlocutory appeal. The government’s appeal is DISMISSED for lack of jurisdiction. The government’s motion for a stay is DENIED as moot.
I presume the Obama/Dead-Enders may try to appeal this. But in the interim period, Judge Walker can review the wiretap log and see if--as expected--it proves that the Bush Administration illegally wiretapped al-Haramain's lawyers.
Update: here's the brief from al-Haramain.
http://emptywheel.firedoglake.com/2009/02/27/breaking-the-9th-says-state-secrets-cant-stop-al-haramain-suit/So, it's great that Judge Walker can review the wiretap log, but what we all need to ask ourselves is whether we are still being wiretapped in violation of our fundamental right to privacy.
Does the government still do the blanket big-net wiretapping of all communications that we have been told they did under Bush? Will Obama stop that practice? Has he stopped that practice? Will someone please ask him?