February 14, 2014

U.S. Senator Accused of Court Case Hijacking


[From article]
Since December, the libertarian lawmaker, a tea party favorite, had been working with former Reagan administration lawyer Bruce Fein to draft a class-action suit seeking to have the National Security Agency’s surveillance of telephone data declared unconstitutional; the two men appeared together as early as last June to denounce the NSA’s activities.
But when Paul filed his suit at the U.S. District Court in Washington on Wednesday morning, Fein’s name had been replaced with that of Ken Cuccinelli, the failed Republican gubernatorial candidate in Virginia who until last month had been the state’s attorney general. Cuccinelli has never argued a case in that courthouse, and he isn’t even a member of the D.C. bar
[. . .]
The unceremonious jettisoning of a constitutional lawyer in favor of the man best known for his unsuccessful suit to have Obamacare declared unconstitutional suggests that Paul’s legal action has more to do with politics than the law. And there are other clues. In Fein’s version, Sen. Mark Udall (D-Colo.) was listed as a plaintiff along with Paul, but in the final complaint the Democrat was gone and the tea party group FreedomWorks was added in his place. Both suits list as defendants the director of national intelligence, the FBI director and the director of the NSA, but Fein’s version had named the defense secretary and the attorney general. Cuccinelli’s version dropped those two — but added President Obama as a defendant, an incendiary change.

http://www.washingtonpost.com/opinions/dana-milbank-rand-paul-and-ken-cuccinelli-accused-of-stealing-nsa-lawsuit/2014/02/12/058675aa-942b-11e3-83b9-1f024193bb84_story.html

Rand Paul and Ken Cuccinelli accused of stealing NSA lawsuit
By Dana Milbank
Published: February 12, 2014

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