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From: The Golem
Subject: [PNEWS] ADL Stalls Spy Suit In Court
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From: [email protected]
Posted in compliance with Fair Use Doctrine for educational purposes only.
Thursday, April 16, 1998
Daily Journal, San Francisco
By Philip Carrizosa
DISCOVERY:The court ordered the Court Of Appeal in San Francisco to
consider whether the Anti-Defamation League of B'nai B'rith should be
allowed to block discovery into its confidential files on various
political organizations and individuals.
The dispute arises out of the disclosure five years ago that ADL
had obtained some of its information from San Francisco police inspector
Tom Girard. The ADL was criminally investigated but never charged and
settled the city's civil suit by paying $75,00 0 and agreeing to stop
acquiring secret government files.
Meanwhile, 17 people who were named in the files filed their own
suit, accusing the ADL of violating state law by gathering and
disseminating private information about them. San Francisco Superior
Court Judge Barbara Jones granted the ADL's motion for a protective
order, saying the group was like a news-gathering journalist so its
files are protected by the journalist so its files are protected by the
journalists' privilege. Jones was later elevated to the Court Of Appeal,
and the case was reassigned to Judge Alex Saldamando, who ruled the
plaintiffs had exhausted all alternative sources of discovery, so the
ADL had to turn over its files. The Court Of Appeal summarily denied the
ADL's writ petition.
In seeking review, the ADL's attorneys argued that the group
cannot be held liable for violating state privacy laws because of the
journalists' privilege and that discovery will reveal its confidential
sources. But attorneys for the plaintiffs said the i nformation gathered
by the ADL was for monitoring purposes, not for news stories, so the
privilege does not apply.
In transferring the case back to the appeal court, the justices
said an order to show cause should be issued as to why the relief sought
by the ADL should not be granted. The order in Anti-Defamation League v.
Superior Court, S067675 was signed by all s ix judges present at
Wednesday's conference. A trial in the case is scheduled in the case for
September.
April 16, 1998
Sacramento Bee
Supreme Court Orders Reconsideration Of ADL Files Release
San Francisco (AP)-An appellate court has been told to reconsider a
decision allowing political activists to see thousands of files from the
Anti-Defamation League to determine whether the ADL spied on them
illegally. A judge in San Francisco last year or dered the Jewish civil
rights organization to let 17 pro-Palestinian and anti-apartheid
activists see any material on them that was contained in more than
10,000 ADL files seized by San Francisco police five years ago, and in
internal ADL memos.
The activists--Arab Americans, Jewish dissidents and organizers
against the then white-supremacist government in South Africa--contend
the ADL illegally obtained confidential records from the state and used
it to get them blacklisted among the organizati on's supporters. The ADL
denies the allegation and says it was merely keeping tabs on hate groups
and terrorists.
The judge's ruling ordering release of the files was upheld by
the 1st District Court of Appeal earlier this year without a hearing. On
Wednesday, the state Supreme Court, in an order signed by all six
justices present, told the appellate court to recons ider the issue and
hold a hearing.
The high court did not indicate its view on release of the
files, but its order blocks their release and may end the activists'
hope of taking their suit to trial in September. Their lawyer, former
Congressman Pete McCloskey, declined comment, saying he had not seen the
order.
David N. Goldstein, a lawyer for the ADL, said he was pleased.
"We believe there are very important First Amendment issues'; he said.
The files seized by San Francisco police in a 1992 raid included
material on neo-Nazis and terrorists as well as a variety of groups on
the political left, including critics of Israel and South Africa, once
Israel's clandestine ally.
The 17 activists sued after being told by police their names
were in the files. They are seeking class-action status for up to 1,000
people and could get $2,500 for any instance of illegal disclosure of
confidential information.
The suit says Tom Girard, a now-retired San Francisco police
inspector, got confidential information such as driver's license records
and police reports from state computers and passed it along to an ADL
agent, who used it to infiltrate political groups and inform on members
to police. it said the ADL also provided information to the governments
of Israel and South Africa.
Girard later pleaded non contest to a misdemeanor charge of
illegally accessing government information.
In court papers, the ADL said it has a right to investigate the
plaintiffs' involvement in "issues of public consequence, "share
information internally and report suspected lawbreaking to police. It
denied maintaining a blacklist. The organization resist ed release of
its files by arguing that it was acting as a journalist, preparing
reports on extremist groups, and was entitled to protect its sources.
Last September, Superior Court Judge Alex Saldamando ruled that
a journalist's protections must give way to a private citizen's right to
learn the source of confidential government information that was used
illegally. That is the order that the appellate
court must now review.
The case is Anti-Defamation League vs.Superior Court,S067675
-------------------------------------------------------------
This Epoch Battle Continues.
The ADL continues to spend millions of dollars to prevent the
disclosure of their secret files. They illegally spied not only on the
groups mentioned but also on trade unions and unionists throughout the
Bay Area including the San Francisco Labor Council
and the Oakland Education Association.
Funds are desperately needed to continue this case. The ADL with
a yearly tax deductible budget of $35 million has many lawyers working
on the case.
We also need further information on people who may have been
spied upon and have been blacklisted by the ADL.
Send Donations And Additional Information To
Pete McCloskey
Attorney At Law
Pioneer Hotel
2925 Woodside Road
Post Office Box 620100
Woodside, California
(650)851-9700 FAX (650)851-9701
Mark donation to ADL vs.Shabazz Case
Email Information [email protected]