Raided Anti-War Activists to Be in Federal Court With Motion to Unseal Secret Documents

St. Paul, MN – Two Minneapolis anti-war and international solidarity activists will be in federal court, Nov. 1, to demand an end to the government secrecy surrounding their case. Jess Sundin and Mick Kelly are two of the 23 Midwest activists targeted by an investigation that included two years of spying by undercover agents, Sept. 2010 raids of homes and offices in Minneapolis and Chicago by the FBI, and a secret Chicago grand jury.

Their attorney will present arguments for a motion to unseal the affidavits used to obtain the search warrants for their homes more than three years ago.

Jess Sundin, a plaintiff in the case, said, “The government launched its vicious attack on anti-war and international solidarity activists with two years of surveillance by undercover agents, then carried out FBI raids on a dozen homes and offices and attempted to force our testimony to a grand jury in Chicago. Every step of the way, the government acted under a cloak of secrecy and has insisted on guarding those secrets to this day. On Friday, Nov. 1, we will have our day in court, as our attorney argues for our motion to unseal the affidavits that were used to obtain the search warrants for those FBI raids.”

Bruce Nestor, attorney for the plaintiffs, writes in a document filed with the court, “Over three years ago, based upon the submission of secret evidence, the United States government convinced Magistrate Judge Susan R. Nelson to seal the search supporting affidavits at issue in this matter. Over three years after the applications and affidavits were ordered sealed, there are no public signs that the government is continuing its investigations related to these warrants or of the individuals named in the warrants. Indeed, while turning the constitutional presumption of innocence on its head by stating that the Petitioners in this matter remain subject to prosecution and therefore under ‘suspicion.’”

Nestor continues, “The government’s position in this matter also raises the question, ‘What is the prosecution trying to hide?’ [This also] … prevents undersigned counsel from effectively challenging the government’s claims.”

The hearing will take place in courtroom 3C at the United States Courthouse in Saint Paul (316 N Robert Street) at 9:00 a.m.

Global Research

Raided Anti-War Activists to Be in Federal Court With Motion to Unseal Secret Documents

Bill would unseal some court rulings

A bipartisan group of eight senators introduced a bill on Tuesday that would unseal some classified opinions by the court that authorized requests for surveillance.

The bill would force the Justice Department to unseal certain Foreign Intelligence Surveillance Court opinions. If the information was too sensitive to national security, the attorney general could instead release a summary of the opinion or provide a report to Congress describing the surveillance that would be implemented.

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Sponsors include several senators who have railed against the potential for government overreach presented by the Foreign Intelligence Surveillance Act, including Sens. Jeff Merkley (D-Ore.), Mike Lee (R-Utah.) and Ron Wyden (D-Ore.).

(See also: Full coverage on Edward Snowden)

They say the thrust of the bill is to allow more transparency — and public debate — over the National Security Agency’s data gathering. Merkley said in statement Tuesday that there’s “plenty of room” to have a public discourse over what surveillance methods are appropriate for the government to use without compromising national security. And Wyden described the current process as having “little to no transparency.”

Other cosponsors include Sens. Patrick Leahy (D-Vt.), Dean Heller (R-Nev.), Mark Begich (D-Alaska), Al Franken (D-Minn.) and Jon Tester (D-Mont.). The ACLU has also endorsed the bill.

Merkley and Lee tried to attach the bill as an amendment to FISA’s five-year extension in December 2012, but their amendment was defeated, 37-54. All the co-sponsors of the bill introduced Tuesday voted for the failed amendment as well as the top rungs of Senate leadership including Senate Majority Leader Harry Reid (D-Nev.) and Majority Whip Dick Durbin (D-Ill.).

All the bill’s co-sponsors but Heller voted against final passage of the FISA reauthorization, which expires in 2017.

POLITICO – Congress

Bill would unseal some court rulings