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Assange Visitors Sued Pompeo For 4th AM Violations Now US Motion to Dismissal Stalls

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Nov 16  – When jury selection was completed for the retrial of accused CIA Vault 7 leaker Joshua Schulte, U.S. District Court for the Southern District of New York Judge Jesse M. Furman told the jurors, Do not read or say anything about the case. Inner City Press was there, and live tweeted here.

[July 20 denial of access here; Brutal Kangaroo]

On August 15, 2022 after conviction Schulte, a group of lawyers and journalist who visited Julian Assange in the Ecuador Embassy in London sued Mike Pompeo for surveillance in violation of the US Fourth Amendment. They held a press conference, and Inner City Press asked if they will seek emergency relief. Not for now (video here; Complaint here).

On March 20, the US filed its 42 page motion to dismiss, arguing among other things that Plaintiffs Had No Reasonable Expectation in their alleged conversations with Assange, and that the "incident" capture of US Citizen info during extraterritorial surveillance of foreign targets does not violation the 4th Amendment." More on Substack here.

On June 6, the plaintiffs filed a memo of law against the motion to dismiss, among other things quoting from Pompeo's memoir "Never Gave an Inch" that "I was sitting with Susan and Nick... reading an unclassified summary of the US government's rules and guidelines on extrajudicial killings," - Assange was being contemplated? Full memo on Patreon here.

On November 16, 2023 Inner City Press live tweeted the oral argument - the motion to dismiss seemed to stall, with letter due in a week. Thread:

 Plaintiffs' lawyer Levinson: There is no doubt that the plaintiffs have standing, under ACLU v. Clapper... They would not have engaged in conversations there if they thought the CIA was listening

Judge: Listening to the government today, if you made a few more allegation about the seizure of the electronic devices, their objection would fall out. There should be a simply way to add this to the complaint and we can move on. I can accept a letter amending

 Plaintiff's lawyer Levenson: That's what we proposed in Footnote 10 - a letter amendment with additional allegations. Judge: When? Levenson: In a week. Oh, Thanksgiving. Judge: Two weeks.

Levenson: Mr. Pompeo wanted to crush Mr. Assange. The CIA gave software to UC Global to surveil Mr. Assange... They filmed, and video of Pamela Anderson with Mr. Assange was on David Morales' laptop. These are private actors on the payroll...

 Judge: Anything further? AUSA Barnea: We have no cases on this on Westlaw. What about police stations?

AUSA Barnea: A court concluded even police don't have an expectation of privacy in the precinct. Also the Port Authority, a nurses office - there was a secret camera but that was found to be OK. There are surely security cameras in this courthouse

AUSA Barnea:  Last point. These IMEI numbers, they are simply written on the phone, they are not the content

Judge: I'll take the motion under advisement. I look forward to the letter.

 Inner City Press will stay on the case

It is Kunstler, et al. v. Central Intelligence Agency, et al., 22-cv-6913 (Koeltl)


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