A titanic clash — among plaintiffs

WASHINGTON — The legal fight against National Security Agency surveillance is shaping up to be a titanic clash, with pugilistic litigants trading charges and countercharges of bad faith and misinformation.

And that’s just among the plaintiffs.

The federal court hasn’t yet acted on the NSA lawsuit filed last week by Sen. Rand Paul, R-Ky., and former Virginia attorney general Ken Cuccinelli, but lawyers who should be on the same side in the case have been squabbling outside the courtroom. First, one of Paul’s lawyers complained that he had been pushed aside and hadn’t been paid in full for his work. No sooner had that controversy been faced when a new one emerged from a plaintiff in a similar suit in the same court.

They think they can take what others have done and claim credit themselves,” protested the plaintiff, Larry Klayman, who filed suit in June and won a preliminary injunction against the NSA in December.

Klayman, a conservative gadfly who has been suing public officials for decades, sent Cuccinelli a letter Tuesday asking him to make “corrections to the public record” because of “misinformation” Paul’s team had disseminated about Klayman’s case against the NSA.

Klayman told Cuccinelli that he “created the mistaken impression that your case is the only class action and that it is the only one that seeks to include the entire affected U.S. citizenry. To the contrary, the lawsuit which we filed before yours is much broader and [more] all-encompassing than your own.”

The conservative gadfly was smarting from Cuccinelli’s portrayal of Klayman’s suit in a news conference last week. Cuccinelli said it involves only “individual plaintiffs” and “does not provide relief for every American who’s using a telephone.”

“Everything they basically said was inaccurate, and it was calculated to create the impression that they’re the only case out there and that no one else did anything here,” Klayman told me Wednesday. “I’m offended by it.” He made similar arguments on the conservative WND website.

Cuccinelli responded Wednesday with an email informing Klayman that “it has never been my habit as a lawyer to communicate with people through newspaper columns, so please don’t assume that method will be fruitful going forward. Email is much more effective and it comes without the presumption that you are not — in fact — talking to me.”

The former gubernatorial candidate said he would take Klayman’s comments “under advisement.” Paul’s senior adviser, Doug Stafford, issued a statement wishing “others who stand with us in this fight well.”

The out-of-court antics surrounding Paul and Cuccinelli are but a sideshow to the main issue of government surveillance — but it has been quite a sideshow, pitting prominent tea party figures against one another.

Paul and Cuccinelli are darlings of the tea party movement, and they’re joined in their lawsuit by the tea party group FreedomWorks — not to be confused with Freedom Watch, Klayman’s organization. Klayman, a well-known provocateur, held a rally last year to oust President Obama , whom he calls a “Marxist, pro-Islam, anti-American president.” Although often outlandish, he’s also a wily lawyer: Klayman made his name filing lawsuits against Bill Clinton but later antagonized George W. Bush and Dick Cheney in court.

The contretemps began as Paul and Cuccinelli filed their suit last week. Bruce Fein, a constitutional lawyer who had written most of the suit, had been removed from the filing. Fein’s ex-wife and longtime spokeswoman complained that Cuccinelli “stole” Fein’s work — which prompted a heated denial from Cuccinelli. Fein later issued a statement saying that she “was not speaking for me” and that he had “been paid for my work.” But his statement was contradicted by emails sent to and from Fein’s account.

Now Klayman is accusing Paul and Cuccinelli of filing a lawsuit that is “patterned after our own” but claiming it’s something different. “You should be accurate, particularly if you’re a senator and his lawyer,” he said.

Klayman, who has asked the Supreme Court to act on his case, also took issue with Cuccinelli’s announcement that Paul would not seek expedited handling, which probably means the case will stretch through Paul’s expected 2016 presidential run.

“The time is not for politics,” Klayman said. “The time is to get the job done and protect the American people.”

He said he “didn’t want to start a war” with the other plaintiffs, “but I do want these things corrected.”

Dana Milbank is a Washington Post columnist.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Thursday, Feb. 13

A sketchy look at the news of the day.… Continue reading

People walk adjacent to the border with Canada at the Peace Arch in Peace Arch Historical State Park, where cars behind wait to enter Canada at the border crossing Monday, Aug. 9, 2021, in Blaine, Wash. Canada lifted its prohibition on Americans crossing the border to shop, vacation or visit, but America kept similar restrictions in place, part of a bumpy return to normalcy from coronavirus travel bans. (AP Photo/Elaine Thompson)
Editorial: U.S. and Canada better neighbors than housemates

President Trump may be serious about annexing Canada, but it’s a deal fraught with complexities for all.

State single-payer health care bill offers many advantages

I was excited to read in Will Geschke’s report (“Everett lawmakers back… Continue reading

Important national story missing from Herald

I couldn’t find a report in The Herald that the Trump administration… Continue reading

Comment: Trump’s ‘Man-of-Steel’ shtick will make U.S. weaker

Trump’s 25 percent tariffs on steel and aluminum will harm allies we need and won’t help industries here.

Comment: AG Bondi’s DEI memo more messaging than lawsuit threat

Talk of criminal investigations is intended to panic corporations into abandoning their DEI programs.

Goldberg: Why Musk, Vance went to bat for self-desribed racist

While a former Trump official is on the outs for doing his job, a proud racist gets his job back.

CNA Nina Prigodich, right, goes through restorative exercises with long term care patient Betty Long, 86, at Nightingale's View Ridge Care Center on Friday, Feb. 10, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Editorial: Boost state Medicaid funding for long-term care

With more in need of skilled nursing and assisted-living services, funding must keep up to retain staff.

bar graph, pie chart and diagrams isolated on white, 3d illustration
Editorial: Don’t let state’s budget numbers intimidate you

With budget discussions starting soon, a new website explains the basics of state’s budget crisis.

Curtains act as doors for a handful of classrooms at Glenwood Elementary on Monday, Sept. 9, 2024 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Editorial: Schools’ building needs point to election reform

Construction funding requests in Arlington and Lake Stevens show need for a change to bond elections.

toon
Editorial cartoons for Wednesday, Feb. 12

A sketchy look at the news of the day.… Continue reading

Welch: State Democrats’ bill would undermine parental rights

The bill would allow kids as young as 13 to make mental health decisions without notice to parents.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.