!! History Commons Alert, Exciting News

Context of 'October 20, 2004: Federal Judge Says Detainees’ Conversations with Lawyers Cannot Be Wiretapped'

This is a scalable context timeline. It contains events related to the event October 20, 2004: Federal Judge Says Detainees’ Conversations with Lawyers Cannot Be Wiretapped. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Fawzi Khalid Abdullah Fahad al-Odah.Fawzi Khalid Abdullah Fahad al-Odah. [Source: Cageprisoners]US District Judge Colleen Kollar-Kotelly rules on a lawsuit filed by three Kuwaiti detainees at Guantanamo: Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, and Fawzi Khalid Abdullah Fahad al-Odah. She rules that detainees should be permitted to communicate with their lawyers without the government listening in on their conversations. She says the government’s attempt to wire-tap detainee-attorney communications threatens to “erode [the] bedrock principle” of attorney-client privilege. She says the government is defending its position with “a flimsy assemblage” of arguments. “The government has supplied only the most slender legal support for its argument, which cannot withstand the weight of the authority surrounding the importance of the attorney-client privilege.” [Reuters, 10/20/2004] The three Kuwaitis, Judge Kollar states, “have been detained virtually incommunicado for nearly three years without being charged with any crime. To say that their ability to investigate the circumstances surrounding their capture and detention is ‘seriously impaired’ is an understatement.” [Associated Press, 10/21/2004] She does concede, however, that lawyers for the Guantanamo detainees are required to disclose to the government any information from their client involving future threats to national security. [Reuters, 10/20/2004]

Entity Tags: Fawzi Khalid Abdullah Fahad al-Odah, Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, Colleen Kollar-Kotelly, James L. Pohl

Timeline Tags: Torture of US Captives, Civil Liberties

Judge Colleen Kollar-Kotelly, the presiding judge over the Foreign Intelligence Surveillance Court (FISC), learns from Justice Department liaison James Baker that at least one more government application for a FISA surveillance warrant is based on illegally obtained evidence. Kollar-Kotelly has warned the Justice Department about this practice in the past (see 2004 and 2005). This time, administration officials claim that the evidence in question is presented due to an error by a low-level Defense Department employee. Kollar-Kotelly asks Defense Secretary Donald Rumsfeld to ensure that such an “error” does not happen again. [Washington Post, 2/9/2006]

Entity Tags: US Department of Justice, James Baker, Colleen Kollar-Kotelly, US Department of Defense, Foreign Intelligence Surveillance Court, Donald Rumsfeld

Timeline Tags: Civil Liberties

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike