By David Dayen
April 19, 2010, Fire dog lake
Two American lawyers and an Islamic charity have submitted their bill for damages following a federal court ruling the Bush Administration subjected them and Al-Haramain Islamic Foundation to illegal wiretapping. The tab as of now (not including attorneys’ fees and costs): $612,000.
Judge Vaughn Walker ruled on March 31 (pdf) they were victims of Bush’s NSA warrantless electronic surveillance program in violation of FISA, had directed them to submit a statement with their damages. On Friday, they filed this pleading (pdf).
The lawyers and the charity were illegally wiretapped for 204 days. Their bill reflects actual damages at the rate of $100 per day for each day of violation, pursuant to 50 U.S.C. § 1810(a). In addition, there are punitive damages of of $183,600 for each of the three plaintiffs pursuant to 50 U.S.C. § 1810(b).
With legal fees this could push to around $1 million dollars for the government to be done with this case. The suit lists Barack Obama, the Director of the NSA Keith Alexander, the Director of the Treasury Department’s Office of Foreign Assets Control and FBI Director Robert Mueller as liable for the damages, but only in their official capacities, which means that the money will come from the federal Treasury.
As Merritt notes, the government would be banned from using any of the information gained illegally from Al Haramain in any civil or criminal proceeding. That could prove more of a deterrent that having to pay what for the government is a nominal fine.
It’s still unclear whether the Administration will appeal Vaughn Walker’s Al Haramain ruling to the 9th Circuit Court.