BS: Noted with a sigh of relief

17 Aug 06 - 03:12 PM (#1812434)
Subject: BS: Noted with a sigh of relief
From: dick greenhaus

Federal judge orders halt to NSA spy program
By Anne Broache, CNET News.com
Published on ZDNet News: August 17, 2006, 9:44 AM PT

The warrantless Internet and telephone surveillance program authorized by the Bush administration violates the U.S. Constitution and must cease immediately, a federal judge ruled Thursday.

The landmark decision makes U.S. District Judge Anna Diggs Taylor in Detroit the first judge to strike down the National Security Agency's once-secret program. The American Civil Liberties Union had filed suit against the government, claiming the program "ran roughshod" over the constitutional rights of millions of Americans and ran afoul of federal wiretapping law.

In a sweeping victory for the ACLU and its clients, which included organizations representing criminal defense lawyers, journalists, Islamic-Americans, and academics, Taylor appears to knock down several major legal arguments that the Bush administration has used to defend the program since it was revealed by The New York Times last December.

"Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution," the judge wrote in her 44-page opinion (click here for PDF).

The terrorist surveillance program violates the First Amendment's right to freedom of expression and the Fourth Amendment right to privacy--that is, freedom from unreasonable searches, ruled Taylor, who was appointed by President Carter in 1979. It also ignores requirements of a 1978 electronic wiretapping law known as the Foreign Intelligence Surveillance Act (FISA) and represents an overstepping of presidential powers, Taylor wrote.

"There are no hereditary kings in America and no powers not created by the Constitution," the judge wrote, dismissing the Bush administration's argument that the warrantless program falls within the president's inherent wartime powers as commander-in-chief.

The judge also dismissed the government's request that the suit be thrown out because of the "state secrets privilege," which permits the government to suppress a lawsuit that might lead to the disclosure of military secrets.

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17 Aug 06 - 03:20 PM (#1812440)
Subject: RE: BS: Noted with a sigh of relief
From: Peace

However, from the same article . . . .

'A number of congressional proposals also seek to broaden wiretapping law, essentially making the existing NSA program legal. One controversial bill endorsed by the Bush administration proposes moving all cases disputing electronic surveillance programs to a secret court.

The ACLU said it was confident that the constitutional arguments raised by Taylor's opinion would prompt the politicians to rethink taking such steps. "Members of Congress have taken an oath to uphold the Constitution," said ACLU Legislative Director Caroline Fredrickson, "and they're going to have to take this decision very seriously."'

It's a step, but only a step.

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17 Aug 06 - 03:20 PM (#1812441)
Subject: RE: BS: Noted with a sigh of relief
From: michaelr

YES!

The neocons' house of cards is coming down.

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18 Aug 06 - 10:48 AM (#1812977)
Subject: RE: BS: Noted with a sigh of relief
From: mack/misophist

This is just the first step. Let's not stop now.

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18 Aug 06 - 10:53 AM (#1812981)
Subject: RE: BS: Noted with a sigh of relief
From: Stilly River Sage

Unfortunately, the activity continues until an appeal hearing in September. Wonder what kind of rabbit Gonzales is going to try to pull out of his hat to keep this activity going? Or will they just ignore the ruling (ala Andrew Jackson and the Supreme Court cease and desist order regarding the Trail of Tears activity).

SRS

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18 Aug 06 - 11:45 AM (#1813009)
Subject: RE: BS: Noted with a sigh of relief
From: Lady Hillary

I still wonder why it is not called unwarranted instead of warrantless wiretapping.

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18 Aug 06 - 06:39 PM (#1813356)
Subject: RE: BS: Noted with a sigh of relief
From: Kaleea

Does this mean they'll still be reading everything on the internet? If so, we'll have to keep using code words whenever we fuss about dubblepew doing naughty things in the oval orifice.

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19 Aug 06 - 12:29 PM (#1813815)
Subject: RE: BS: Noted with a sigh of relief
From: michaelr

Of course DOJ immediately filed an appeal... with a court packed with Bush appointees.

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20 Aug 06 - 04:22 AM (#1814278)
Subject: RE: BS: Noted with a sigh of relief
From: JohnInKansas

The real danger here is that the "Patriot Act" has already set up a secret court that has been given authority by the legislature to authorize the wiretaps that were being done.

The administration has been "bypassing" that court because that court had already told them that wiretaps of that kind are unacceptable.

However, the members of the secret court are rotated frequently, with no public information on who they are or when they change, and the only person involved in making assignments to the secret court is the Chief Justice of the US Supreme Court, who apparently was handpicked by the administration to select, acting alone and in secret, "cooperative judges" for the secret court.

I feel sooooo secure...

John

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20 Aug 06 - 04:53 AM (#1814288)
Subject: RE: BS: Noted with a sigh of relief
From: The Fooles Troupe

"wonder why it is not called unwarranted instead of warrantless wiretapping. "

The devasting political effect of semantic overtones... ;-)

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