The Obama Administration wants the Supreme Court to dismiss an American Civil Liberties Union (ACLU) challenge to the Foreign Intelligence Surveillance Act (FISA) Amendments Act, an act passed in 2008 that ACLU attorneys contend “allows dragnet surveillance of Americans’ international communications with none of the safeguards that the Constitution requires.” It filed a petition to the Court asking for an appeals court ruling that permits the ACLU to challenge the law to be overturned.

A federal court has upheld on appeal a ruling that telecom companies can receive legal immunity from Congress for participating in the warrantless wiretapping program under George W. Bush.

We had one moment where this was subject to any debate at all, during the fight over the FISA amnesty legislation. But that was really about a small portion of the total data collection. Most of the surveillance remains a secret. Ron Wyden and Mark Udall tried to tease out a little more this summer, when they tried to get the intelligence community to admit to how they were misinterpreting the Patriot Act to allow for more data collection. But that never went anywhere. From NSA surveillance to national security letters to the AT&T room on Folsom Street in San Francisco, what bits and pieces we do know about point to a giant network Hoovering up every piece of information you let out into the world digitally.

The government says it hasn’t subpoenaed the phone records of any reporter. Presumably they mean no reporter has been the target of a subpoena. But with a community of interest subpoena, of course, the government would get Risen’s call data without subpoenaing him directly.

As you will recall, Tom Drake was belligerently prosecuted by the DOJ on trumped up espionage charges (See: here, here, here and here) and their case fell out from underneath them because they cravenly wanted to hide the facts. As a result, Drake pled guilty to about the piddliest little misdemeanor imaginable, and will be sentenced, undoubtedly, to no incarceration whatsoever, no fine and one year or less of unsupervised probation on July 15, 2011. But the entire Tom Drake matter emanated out of Drake’s attempt to internally, and properly, cooperate with a whistleblowing to the Department of Defense Inspector General.

Looks like we can add “participating in a flash mob at a public monument” to the list of things that are more illegal than torture, assassination, starting a war under false pretenses, foreclosure fraud, securities fraud, warrantless wiretapping, and buying public officials.

The Senate will vote later today on a motion to proceed to S.1038 which would extend three expiring provisions of the Patriot Act for four years, with almost no debate.

UPDATE: The Senate passed cloture 74-8, so they’ll proceed to the bill. Final passage is expected Wednesday.

AT&T and the government have become so closely entwined in their joint program spying on Americans that the government cannot be said to be an independent reviewer of AT&T’s business.

A standard tactic of the last two Administrations has been to operate in secrecy and then accuse those who have been denied access and information of not having standing to sue over, in this case, wiretapping, because they don’t have evidence that they’ve been targeted. It’s a cynical technique, but a successful one, until now.

What’s so horrible in Walker’s rulings that the government might entertain “letting the terrorists win” in exchange for vacating the rulings? It seems there are three possible parts of Walker’s July 2008 ruling the government might want vacated.