Saturday, September 09, 2006

Potential NSA Wiretaps in Oregon Green Scare Case

Prosecutors in the Oregon 'Green Scare' case are stalling in their response to motions filed by defense counsel regarding whether there are potential NSA or FISA wiretaps used in the states' prosecution of defendants Daniel McGowan, Jonathan Paul, Nathan Block and Joyanna Zacher. A hearing before the judge is set for October 31st but the question remains, what is the prosecution hiding and what does the government fear is in those potential wiretaps?

Daniel McGowan's lawyers filed a brief in August demanding the US Attorney go to the NSA and FISA and see whether they have any wiretaps of the defendants in this case. The brief can be read at here.

At an August 22nd court hearing on the discovery motion, the US Attorney's office addressed the NSA wiretap issue, saying that they do not have clearance to present that discovery. They said they had contacted an attorney in the Counterterrorism Division, and that it would take up to three weeks for them to respond to the brief. McGowan's attorney, Amanda Lee, argued that the discovery request was filed in March, and specifically requested the NSA discovery. The US Attorney didn't file a response to that brief until early this month (August). Lee added that it was the US Attorney's responsibility to have a person from the NSA come to court and make representations. She said that the FISA court and FBI surveillance discovery had not been handed over, either. US attorney Peiffer responded by saying that the US Atty's office didn't have clearance for dealing with FISA materials either.

The media has been slow to get on this story but two weekly papers in Oregon, the Willamette Week and the Eugene Weekly, have published stories in the last two weeks.

Links to the Eugene Weekly and Willamette Week articles are below. The next court date in the case-set to discuss what wiretaps the NSA does or does not have on these defendants is set for October 31, 2006.

To help the defendants, please see Daniel McGowan's support page at, contact Nathan & Joyanna's team at, and see fellow non cooperating defendant in a seperate case, Briana Water's site at

There is also support information on and

Eye on ELF: Were eco-radicals illegally wire-tapped?
Eugene Weekly


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