United States v. U.S. District Court
Encyclopedia
United States v. U.S. District Court, 407 U.S. 297
(1972), also known as the Keith case, was a landmark United States Supreme Court
decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment
in cases of domestic surveillance targeting a domestic threat.
, Larry 'Pun' Plamondon, and John Forrest with conspiracy
to destroy government property. One of the defendants, Larry 'Pun' Plamondon, was also charged with the dynamite bombing of an office of the Central Intelligence Agency
in Ann Arbor, Michigan
. In response to a pretrial motion by the defense for disclosure of all electronic surveillance information, Nixon
's attorney general, John Mitchell
, claimed he authorized the wiretaps pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968
and was not required to disclose the sources. Though warrantless, the act allows for an exception to prevent the overthrow of the government and when "any other clear and present danger to the structure or existence of the Government" exists. The Government contended that since the defendants were members of a domestic organization attempting to subvert and destroy it, this case fell under the exception clause.
Judge Damon Keith
http://www.fas.org/irp/congress/2003_cr/s051503.html of the United States District Court for the Eastern District of Michigan
disagreed and ordered the Government to disclose all of the illegally intercepted conversations to the defendants. The Government appealed, filing a petition for a writ of mandamus
with the Court of Appeals for the Sixth Circuit
to set aside the order. The Sixth Circuit also rejected the Government's arguments and upheld the lower court decision. The Supreme Court granted a writ of certiorari
and heard the case.
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1972), also known as the Keith case, was a landmark United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision that upheld, in a unanimous 8-0 ruling, the requirements of the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
in cases of domestic surveillance targeting a domestic threat.
The case
The United States charged John SinclairJohn Sinclair (poet)
John Sinclair is a Detroit poet, one-time manager of the band MC5, and leader of the White Panther Party — a militantly anti-racist countercultural group of white socialists seeking to assist the Black Panthers in the Civil Rights movement — from November 1968 to July 1969...
, Larry 'Pun' Plamondon, and John Forrest with conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to destroy government property. One of the defendants, Larry 'Pun' Plamondon, was also charged with the dynamite bombing of an office of the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
in Ann Arbor, Michigan
Ann Arbor, Michigan
Ann Arbor is a city in the U.S. state of Michigan and the county seat of Washtenaw County. The 2010 census places the population at 113,934, making it the sixth largest city in Michigan. The Ann Arbor Metropolitan Statistical Area had a population of 344,791 as of 2010...
. In response to a pretrial motion by the defense for disclosure of all electronic surveillance information, Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
's attorney general, John Mitchell
John N. Mitchell
John Newton Mitchell was the Attorney General of the United States from 1969 to 1972 under President Richard Nixon...
, claimed he authorized the wiretaps pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968
Omnibus Crime Control and Safe Streets Act of 1968
The Omnibus Crime Control and Safe Streets Act of 1968 was legislation passed by the Congress of the United States that established the Law Enforcement Assistance Administration . Title III of the Act set rules for obtaining wiretap orders in the United States. It has been started shortly after...
and was not required to disclose the sources. Though warrantless, the act allows for an exception to prevent the overthrow of the government and when "any other clear and present danger to the structure or existence of the Government" exists. The Government contended that since the defendants were members of a domestic organization attempting to subvert and destroy it, this case fell under the exception clause.
Judge Damon Keith
Damon Keith
Damon Jerome Keith is a Senior Judge for the United States Court of Appeals for the Sixth Circuit.-Biography:Keith grew up in Detroit, where he graduated from Northwestern High School in 1939; Keith then moved on to West Virginia State College , Howard University School of Law , and Wayne State...
http://www.fas.org/irp/congress/2003_cr/s051503.html of the United States District Court for the Eastern District of Michigan
United States District Court for the Eastern District of Michigan
The United States District Court for the Eastern District of Michigan is the Federal district court with jurisdiction over of the eastern portion of the state of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Bay City, Flint, and Port Huron...
disagreed and ordered the Government to disclose all of the illegally intercepted conversations to the defendants. The Government appealed, filing a petition for a writ of mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
with the Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
to set aside the order. The Sixth Circuit also rejected the Government's arguments and upheld the lower court decision. The Supreme Court granted a writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
and heard the case.
The decision
The Supreme Court upheld the prior rulings in the case, holding that the wiretaps were an unconstitutional violation of the Fourth Amendment and as such must be disclosed to the defense. This established the precedent that a warrant needed to be obtained before beginning electronic surveillance even if domestic security issues were involved. Note that the decision applied only to domestic issues; foreign intelligence operations were not bound by the same standards. The governing law for electronic surveillance of "foreign intelligence information" between or among "foreign powers" is the Foreign Intelligence Surveillance Act (FISA) of 1978Foreign Intelligence Surveillance Act of 1978
America's Foreign Intelligence Surveillance Act of 1978 is an Act of Congress, , which prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" America's Foreign Intelligence...
.
Quotations
- The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.; Lewis PowellLewis Franklin Powell, Jr.Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
, writing for the Majority.
- "As I read it - and this is my fear - we are saying that the President, on his motion, could declare - name your favorite poison - draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."; Senator Hart, quoted by Lewis PowellLewis Franklin Powell, Jr.Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
, writing for the Majority.
- History abundantly documents the tendency of Government - however benevolent and benign its motives - to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.; Lewis PowellLewis Franklin Powell, Jr.Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
, writing for the Majority.
- This is an important phase in the campaign of the police and intelligence agencies to obtain exemptions from the Warrant Clause of the Fourth Amendment. For, due to the clandestine nature of electronic eaves-dropping, the need is acute for placing on the Government the heavy burden to show that "exigencies of the situation [make its] course imperative." Other abuses, such as the search incident to arrest, have been partly deterred by the threat of damage actions against offending officers, the risk of adverse publicity, or the possibility of reform through the political process. These latter safeguards, however, are ineffective against lawless wiretapping and "bugging" of which their victims are totally unaware. Moreover, even the risk of exclusion of tainted evidence would here appear to be of negligible deterrent value inasmuch as the United States frankly concedes that the primary purpose of these searches is to fortify its intelligence collage rather than to accumulate evidence to support indictments and convictions. If the Warrant Clause were held inapplicable here, then the federal intelligence machine would literally enjoy unchecked discretion.; William O. DouglasWilliam O. DouglasWilliam Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, in a concurring opinion.
- Here, federal agents wish to rummage for months on end through every conversation, no matter how intimate or personal, carried over selected telephone lines, simply to seize those few utterances which may add to their sense of the pulse of a domestic underground.; William O. DouglasWilliam O. DouglasWilliam Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, in a concurring opinion.
- We are told that one national security wiretap lasted for 14 months and monitored over 900 conversations. Senator Edward Kennedy found recently that "warrantless devices accounted for an average of 78 to 209 days of listening per device, as compared with a 13-day per device average for those devices installed under court order." He concluded that the Government's revelations posed "the frightening possibility that the conversations of untold thousands of citizens of this country are being monitored on secret devices which no judge has authorized and which may remain in operation for months and perhaps years at a time." Even the most innocent and random caller who uses or telephones into a tapped line can become a flagged number in the Government's data bank.; William O. DouglasWilliam O. DouglasWilliam Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, in a concurring opinion.
See also
- Richard NixonRichard NixonRichard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
- John N. MitchellJohn N. MitchellJohn Newton Mitchell was the Attorney General of the United States from 1969 to 1972 under President Richard Nixon...
- Telephone tappingTelephone tappingTelephone tapping is the monitoring of telephone and Internet conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line...
- Foreign Intelligence Surveillance Act of 1978Foreign Intelligence Surveillance Act of 1978America's Foreign Intelligence Surveillance Act of 1978 is an Act of Congress, , which prescribes procedures for the physical and electronic surveillance and collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" America's Foreign Intelligence...
- ACLU v. NSAACLU v. NSAAmerican Civil Liberties Union et al., v. National Security Agency / Central et al., 493 F.3d 644 , is a case decided July 6, 2007, in which the United States Court of Appeals for the Sixth Circuit held that the plaintiffs in the case did not have standing to bring the suit against the NSA, because...
August, 2006 - List of United States Supreme Court cases, volume 407
- John Sinclair (poet)John Sinclair (poet)John Sinclair is a Detroit poet, one-time manager of the band MC5, and leader of the White Panther Party — a militantly anti-racist countercultural group of white socialists seeking to assist the Black Panthers in the Civil Rights movement — from November 1968 to July 1969...