The ACLU is challenging Section 702 by joining the defense of a neo-Nazi accused of plotting to destroy Baltimore’s power grid.

cross-posted from: https://lemmy.sdf.org/post/18833721

I hate that groups like the ACLU have to defend nazi scum to protect my liberties. Better that the government not violate our rights in the first place, but in lieu of that, even nazi scum is subject to the same rights and due process as any other citizen. However, I wouldn’t mind if they got pantsed a couple of times by their lawyers.

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This is the best summary I could come up with:


In communications with a federal confidential informant, the pair allegedly planned to “coordinate to get multiple [substations] at the same time.” Clendaniel pleaded guilty to conspiring to damage or destroy electrical facilities in May of this year.

But in a court filing, the ACLU attorneys say Russell has “reason to believe” that the government “intercepted his communications” and subjected him to a warrantless “backdoor search” by querying the Section 702 databases.

And less than a month after that initial query, we disrupted that US person who, it turned out, had researched and identified critical infrastructure sites in the US and acquired the means to conduct an attack.” The defense’s motion to compel the federal government to provide notice of use of Section 702 surveillance of Russell includes both the Politico report and Wray’s speech as exhibits.

The ACLU’s response, filed this Monday, notes that the government “does not dispute that Mr. Russell was subject to warrantless surveillance under Section 702” but instead claims it has no legal obligation to turn over FISA notice in this instance.

Legislators’ attempts to rein in the controversial surveillance authority failed, and multiple amendments requiring the FBI to obtain warrants to search or access Americans’ communications under Section 702 were voted down.

“Especially as recently expanded and reauthorized by Congress, this spying authority could be further abused by a future administration against political opponents, protest movements, and civil society organizations, as well as racial and religious minorities, abortion providers, and LGBTQ people.”


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