consultants are sandburs

Sunday, June 09, 2013

A lawsuit filed. Will the plaintiff gain the eight million dollars prayed for in the complaint?

A screencapture from here, explaining suit was filed, and summarizing the action; this screen capture:

click the image to enlarge and read

The complaint has been posted online, here. Have a look. It is a thirteen page complaint. It is not burdensome in length.

Reader help is needed. This is something I have not researched, while admitting quite a degree of ignorance about intricate details of FISA. If as it appears, this complaint is over a FISA court action, must the complaint be filed in FISA court with the issue to be litigated in secret, under FISA? And, if FISA requires that, is FISA constitutional or unconstitutional in denying an open public jury trial? With complaint page 13 stating, "Plaintiff reserves the right to move this Court to convert this Complaint into a class-action lawsuit," would class action status be appropriate or foreclosed for security reasons, per FISA? The Plaintiff does not allege a status of special surveillance target of the defendants; rather appearing to assert membership in a far larger class of those having due privacy swept up via a general and overbroad government dragnet approach to national security data gathering and winnowing.

As a guess, if there is any basis to claim jurisdiction rests solely within the FISA judicial structure and not within the general federal judiciary under generally applicable rules of procedure, government lawyers will be expected to so argue.

More FISA news, here.

____________UPDATE___________
This link. An emailed hit, from having set a Google Alert for "Larry Klayman."

____________FURTHER UPDATE__________
SacBee reports, June 10, it is a class action now, and Rand Paul gets mentioned, this quote:

The complaint, which can be found at www.freedomwatchusa.org, was amended yesterday in the U.S. District Court for the District of Columbia. (Case No. 1:13-cv-OO851).

Importantly, and also yesterday on Fox News Sunday, Senator Rand Paul, a strict constitutionalist, expressed support for a class action lawsuit, obviously knowing that Klayman had already filed one since it has been widely reported.

"I applaud Senator Paul for effectively endorsing our lawsuit, and agree with him that it will serve as a vehicle to have tens and perhaps hundreds of millions of Americans rise up against government tyranny, which has grown to historic proportions. Even the New York Times has recently opined that the Obama administration has lost all credibility. For this venerable newspaper to make such a strong statement shows just how serious the Obama administration's alleged violation of the constitutional rights of citizens has become. For the issue of the preservation of civil liberties is not a left or right issue, but one for all Americans to rise up and fight for. We cannot allow a 'Big Brother', Orwellian government spy on the American people to access their confidential communications to effectively turn 'citizens into its prisoners.' That is why this class action lawsuit, which all Verizon users are welcome to join, no matter what their political persuasion, will serve as the vehicle for a second American revolution, one that is carried out peacefully and legally – but also forcefully. It now falls on a 'jury of our peers' to make sure that justice is done to end this illegal and coercive power grab - before it, like a malignant cancerous tumor, destroys the body politic of our great nation. Our Founding Fathers would be proud," stated Klayman.

Most of the SacBee text mirrors text here, the amended complaint being online, here.

From the Amended Class Action Complaint, this screencapture, red highlighting added, it being paragraph 96 of the complaint, with the amount prayed for amended upward to seek billions. Click the image to enlarge it to read:



The page count has been increased too, not by powers of ten, but approximately doubled, to now be twenty-four pages in length.

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