In a brief filed late Wednesday obtained by Raw Story, the Department of Justice provided its views to Chief U.S. District Judge Vaughn Walker, after the San Francisco federal judge questioned the constitutionality of the wide-sweeping law and whether it gives the U.S. Attorney General too much power in deciding whether a company is immune from lawsuits after it has shared information with federal agents.
The law was specifically designed to protect companies who participated in government wiretapping programs from legal claims and is one that President Obama supported as a senator when it was approved by Congress last year.
“Electronic communication service providers play an important role in assisting intelligence officials in national security activities. Indeed, the intelligence community cannot obtain the intelligence it needs without assistance from these companies,” the Administration’s 18-page brief says.
“The department is compelled to defend the statute as long as it can reasonably do so, and in this case the department was asked by the court to make a defense of the statute passed by Congress,” DOJ spokesman Matthew Miller said in a statement accompanying the submission of the brief. “The [Foreign Intelligence Surveillance] Act passed by Congress in 2008 is the law of the land, and as such the Department of Justice defends it in court.”
The Justice Department brief was filed in support of the department’s motion to Walker to dismiss or to provide summary judgment in the lawsuit against AT&T for sharing customer telephone and e-mail records with federal agencies. The constitutionality of the law is defended on the grounds that the attorney general is only carrying out powers specifically given to him by Congress.
The Department asserts that the “presumption of constitutionality becomes even stronger” when Congress delegates authority to the executive branch in matters of national security or foreign affairs.
Somethings never change…..even when change is called for.