Story Published:
Mar 23, 2006 at 12:58 PM PST
Story Updated:
Aug 31, 2006 at 1:15 AM PST
PORTLAND, ORE. - A secret document in an Oregon lawsuit
challenging President Bush's domestic wiretapping program will be
held in a secure facility in Seattle while the judge and lawyers
try to figure out how to keep it under wraps in Portland.
U.S. District Judge Garr King decided this week that the
document couldn't be held securely in a federal courthouse in
Portland, and shouldn't be held at the local office of the FBI, a
defendant in the case.
In a telephone conference that offered few clues about the
document, King said it would go to a secure facility at the U.S.
attorney's office in Seattle, but he hoped it eventually could be
edited and held in Oregon as the suit progresses.
A government lawyer said, however, the document would be so
black with redactions that it couldn't be understood.
A transcript of the telephone conference was made available to
The Associated Press by Steven Goldberg, a civil rights attorney
who filed the lawsuit last February.
The lawsuit alleges that the National Security Agency illegally
wiretapped electronic communications between a local chapter of the
Al-Haramain Islamic Foundation and Wendell Belew and Asim Ghafoor,
both attorneys in Washington, D.C.
It contends the NSA did not follow procedures required by the
Foreign Intelligence Surveillance Act, or FISA, and failed to
obtain a court order authorizing electronic surveillance of the
charity and its attorneys. Lawyers for the plaintiffs have said
they can't spell out the facts that support their suit because
those details are classified.
The conference over the document arose because the FBI office is
the only place in Portland that has a facility that meets
specifications for what the government calls "sensitive
compartmented information," according to the telephone conference
transcript.
Such secure rooms, called SCIFs, often are used in trials
dealing with classified information. They are overseen by court
security officers who monitor lawyers reviewing documents. Lawyers
generally aren't allowed to copy anything or take notes out.
Goldberg said it would be inappropriate for the FBI to have
custody because "we're dealing with a document that may involve
criminal behavior by that defendant."
Anthony Coppolino of the U.S. Justice Department said the
document wouldn't be altered if the FBI had it and said King could
have it in a closed envelope, perhaps signing the seal to guard
against unauthorized opening.
The judge, however, said the FBI wouldn't be a suitable
custodian.
"I'm not indicating there would be any problem with them, but
they are a defendant so I don't think it's appropriate that they
have custody of it," King said.
But the judge also decided against the idea of constructing a
special secure facility for the case after Coppolino said "these
facilities cost thousands, if not millions, and take months and
months to create."
King expressed hope that he and others could consult with
security experts and "the originator" of the document "to see if
something less secure would be satisfactory."
Coppolino told King that editing the document wouldn't be
possible "without redactions of the document to the point where
the content wouldn't be - would not be understandable."
In a separate development, The Oregonian newspaper reported
Thursday that it had filed suit last week seeking documents in the
case.
"If the government is committing crimes against its citizens,
the public is entitled to know the nature of the crimes," said the
newspaper's attorney, Charles Hinkle.