Kinoy v. Mitchell – Government Misconduct – CCR Docket 1986-1987

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

Filed on behalf of Arthur Kinoy, move­ment lawyer, law professor and a CCR founder, and his daughter, Joanne Kinoy, the case originally involved the Kinoys’ right to know the details of 23 overhear­ings, 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 overhearings. Many of these overheard conversations involved legal cli­ents seeking and receiving legal advice.

The Department of Justice argues that a recent Supreme Court decision whieh establishes qualified immunity for the Attorney General necessitates a dismissal of the Kinoy case. This attempt to permit the President’s representatives to wholly disregard the provisions of the Constitu­tion is being challenged.

Michael Ratner and Rhonda Copelon, with Henry Furst and CCR cooperating attorney Jeremiah S. Gutman