Kinoy v. Mitchell – Government Harassment – CCR Docket 1985-1986

The widespread use of illegal electronic surveillance in the name of national security is a central form of government misconduct. A judicial decision in this case’s early stage estab­lished the right to bring a civil action without having proof of wiretapping.

This case was filed on  behalf of Arthur Kinoy, movement lawyer, law professor and a CCR founder, and his daughter, Joanne Kinoy.  It originally involved the Kinoys’ right to know the details of 23 over hearings, 10 of which were characterized as “foreign.” The government eventually admitted that the surveillance of Arthur Kinoy and  his clients included at least 200 additional over hearings. Many of the overheard conversations involved  legal advice being sought by clients and given by Kinoy .

The Department of Justice argues that a recent Supreme Court decision establishes “qualified immunity” for the Attorney General; this requires the Kinoy case to be summarily dismissed. This attempt to permit the President’s represen­tatives to wholly disregard the provisions of the Constitution is being fought by the CCR.

Michael Ratner, Rhonda Cope/on, with Henry Furst and CCR cooperating attorney Jeremiah S. Gutman