http://arstechnica.com/…

Federal district judge Vaughn Walker has rejected lawsuits that aimed to hold telecommunications companies accountable for their role in a controversial warrantless surveillance program that was orchestrated in secret by the federal government. The Electronic Frontier Foundation and American Civil Liberties Union are preparing to appeal the dismissal.

The warrantless surveillance program is one the more contentious controversies that still lingers from Bush’s tenure in office. The Bush administration attempted to leverage the State Secrets privilege to block litigation that aimed to hold participants in the surveillance program accountable for violating privacy laws. When it became clear that the courts were going to allow the lawsuits to move forward, Congress intervened and passed a FISA amendment to grant the telecom companies explicit immunity. President Obama voted in favor of immunity, despite consistently promising to oppose it.

EFF and ACLU’s lawsuits against the telecoms are among the most significant pending lawsuits targeting the warrantless surveillance program, and they are viewed by privacy advocates as a means of bringing accountability and more robust judicial oversight to the surveillance mess. Judge Walker has thrown out the suits, citing the FISA telecom immunity amendment as the basis for dismissal. He affirmed that the evidence provided under seal by the government demonstrated that the conduct of the telecoms meets the criteria for immunity grants.

“While plaintiffs have made a valiant effort to challenge the sufficiency of certifications they are barred by statute from reviewing, their contentions under section 802 are not sufficiently substantial to persuade the court that the intent of Congress in enacting the statute should be frustrated in this proceeding in which the court is required to apply the statute,” Walker wrote in his decision. “The court has examined the Attorney General’s submissions and has determined that he has met his burden under section 802(a). The court is prohibited by section 802(c)(2) from opining further.”

The EFF and the ACLU are planning to launch an appeal, asserting that the FISA amendments which granted telecom immunity are unconstitutional.

“We’re deeply disappointed in Judge Walker’s ruling today,” said EFF Legal Director Cindy Cohn in a statement. “The retroactive immunity law unconstitutionally takes away Americans’ claims arising out of the First and Fourth Amendments, violates the federal government’s separation of powers as established in the Constitution, and robs innocent telecom customers of their rights without due process of law.”

I suppose the next step is the United States court of appeals. I don’t have much faith in them ruling in the pro-freedom direction. Nor the Supreme Court should it make it there.

I expect this to be all over Fox News… but will others pick it up?

http://forum.freekeene.com/…

Turning Myself In

Hello all,

I have decided to not appeal my case and, therefore, I am going to turn myself in to the jail on the morning of June 2nd. I’m not sure at what time (if I do decide a time then I will update this thread accordingly), but I know that I will be in jail from the 2nd until, probably, the 11th ($420 fine divided by $50 equals 9.4 days in jail; or 9 days and roughly 10 hours).

Here is my current plan – please let me know of any criticisms or ideas you have, thanks:

* I will be walking to the Keene Police Station on the morning of June 2nd and turning myself in to the police to serve my sentence for the “crime” of marijuana possession. I would let them put a warrant out for my arrest and come get me, but I would rather not burden my friends with an unexpected police interaction. Thus, it is better if I just go to them.

* I will not be processing. I will show up at the jail but I won’t be allowing them to process me. If someone could, I would appreciate any details on what this “processing” process consists of so that I may be properly prepared. I do not wish to be caught off guard; nor do I wish to be abused physically in the event of my resistance. I’d like to know what the “easiest” way is to get them to give up on their “processing” and just throw me in a cell. I am not there to make the cops’ job difficult – I will let their conscious do that.

* From what I understand, as a result of my decision to not process, I will be put in to “solitary confinement” of sorts. Unfortunately, this means that I will not have the opportunity to interact with other prisoners who have been persecuted for victimless crimes, which is a goal all of us ought to have should we find ourselves in jail (and which is something Sam is apparently doing a great job at). However…

* … I also want to know what it is that Sam is going through right now, physically and psychologically. With that in mind I will be going on a hunger strike. It’s only 9 days but it is the least I can do for Sam. I doubt I’ll even make it that long without giving in and eating something, but I don’t feel like I can truly appreciate Sam’s sacrifice until I experience it myself. Since I am destined for jail eventually anyways (no court in this state is going to overturn marijuana laws at this moment of time), I might as well go now while Sam is there. Consider it a sign of moral support.

Therefore, I will serve my 9.4 days in jail and then be “free.” I don’t see any reason for them to keep me longer, even if I refuse to process. Once I’ve “paid off the fine” with the appropriate amount of days in jail than I will be released during the evening of the 11th.

Let us hope Sam is out before then.

In Liberty,
Andrew Carroll

When asked “Why no appeal?”:

I feel it pointless. I let the Judge have his trial and I did not try at all to drag the case on like I could have. I knew all of what I was saying was not legally admissible and would not fly in a court of their law; but legality is not the point – as you are well aware – morality is.

So, I figure, let’s get to the crux of it; let’s get past the legal games (since they serve us no purpose in this fight at this time) and put the immorality of it all at center stage; let’s watch as they throw another innocent man in jail…

“Is there a possibility of a jury trial if you appeal? Because if so, I would definitely see that as potentially advantageous, especially because of the possibility of nullification.”

The possibility might be there, though I believe my appeal would go to the NH Supreme Court and bypass any possible jury trial.

Not that it matters, however, because the primary point of the protest was to demonstrate the immorality of throwing someone in a cell for possessing marijuana. Anything else was just a secondary point to address if convenience allowed it.

So, as I said to Sam, let’s get on with the main course.

You can learn more about the situation leading up to this at http://andrew.jailedactivist.info

Keep watch at JailedActivist.info, blogofbile.com, and the blogofbile twitter account for updates as they become available.

http://www.keenesentinel.com/…

By PHILLIP BANTZ
Sentinel Staff

WESTMORELAND — A battle of wills is playing out within the cinder block walls of the Cheshire

Sam Miller talks about his experience in the local court system during a visit at the Cheshire County jail in Westmoreland.

County jail in Westmoreland, where an activist has spent more than a month protesting a judge’s order that he identify himself to police.

John Doe walks into the jail cafeteria, a faded orange jumpsuit draped over his lanky frame and a folder of legal documents tucked under his arm. He sits at a stainless steel picnic-style table and when he smiles the tendons in his long, thin neck bulge.

Doe says he hasn’t eaten solid food since he’s been behind bars because he’s on a hunger strike. When he came to jail he weighed 180 pounds, and now he weighs 116, he says.

Court and jail officials know Doe’s real name — Sam A. Miller, a 33-year-old former telecommunications specialist from Texas who moved to Keene earlier this year to join the Free State Project. They have Miller’s Texas driver’s license.

But Keene District Court Judge Edward J. Burke has ordered Miller to remain held on $10,000 bail and will not schedule a trial until he gives the Keene police his name.
Read More…

http://www.keenesentinel.com/…

A legal fog pervades the corridors and lobbies of New Hampshire’s courts.

The rules for recording public hearings in courtrooms are relatively clear: The Supreme Court says it’s allowed unless “there is a substantial likelihood of harm to any person or other harmful consequence.”

But those foggy gray areas beyond the courtrooms remain untouched by state law.

Snapping a photo or recording video in these places is permitted in some district courts and prohibited in others, at the presiding judge’s discretion.

Keene District Court Judge Edward J. Burke banned photography outside the courtroom in February in an effort to protect juveniles and victims of crimes walking through the lobby from being caught on film without their consent.

“All the district court judges who have had this issue come up in their courthouse have thought about it and we’re trying to deal with it as fairly and responsibly as we can,” state judicial branch spokeswoman Laura Kiernan said. “It’s the privacy rights of citizens that we’re concerned with here.”

On the other side of the issue, a group of activists with the Free State Project — an effort to recruit 20,000 people who prefer limited government to live in New Hampshire — are riled because they believe their right to record in a public place is being violated.
Read More…