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Oregon judge rebuffs warrantless evidence
By UPI Staff
United Press International
April 27, 2006

PORTLAND, Ore. (UPI) -- A federal judge in Oregon has refused to accept secret government evidence in a challenge to the National Security Agency's warrantless surveillance program.

U.S. District Judge Garr King told federal prosecutors in Portland they had until May 12 to come up with a better argument for why their information couldn't be shared with the defense, or made public, the Portland Oregonian reported Wednesday.

The case involves al-Haramain, an Islamic charity, and two of its attorneys. They are plaintiffs in a suit claiming federal officials illegally intercepted telephone calls between an al-Haramain director and two attorneys based in Washington.

"To the extent it can be done without compromising national security interests, a litigant has a right to know the legal and factual positions being taken by the government so they can respond to them," King said.

The judge said he didn't want to know what the secret was -- yet.

"I believe the court should avoid, if possible, receiving secret declarations from one side and basing decisions on facts or arguments not disclosed to the other side," he said.