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U.S. Ordered to Pay Group of Muslims ($2.6 million)


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NYTimes.com:

WASHINGTON — A federal judge ordered the government on Tuesday to pay nearly $2.6 million in lawyers’ fees and damages to officials with a shuttered Islamic charity in Oregon who the judge said were wiretapped without a court order under the surveillance program approved by President George W. Bush after the attacks of Sept. 11, 2001.

¶ The ruling by Vaughn R. Walker, the chief federal judge in San Francisco, punctuates a years-long lawsuit that tested the balance between civil liberties and the president’s authority.

¶ The Justice Department did not immediately say whether it would appeal the ruling.

¶ The dollar amount of damages is relatively insignificant for the government. But the principle the judge first laid out in a March ruling and expanded on Tuesday was critical to all parties.

¶ For charity officials and their lawyers, the ruling offered vindication in a case that the Justice Department fought largely by relying on the president’s executive power and the government’s claim to keep certain “state secrets” out of the judiciary.

¶ “We brought this case to try and get a declaration from the judiciary that the executive branch is bound by the law,” said Jon Eisenberg, a lawyer who represented the charity, the Al-Haramain Islamic Foundation.

¶ The judge awarded more than $2.5 million in legal expenses accrued by lawyers for Asim Ghafoor and Wendell Belew, officials with Al-Haramain’s Oregon affiliate who the judge said were wiretapped, and he awarded the two officials each $20,400 in damages.

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