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Submitted by Rob Richards on Thu, 08/17/2006 - 9:56am.
I can't think of a better thing to read when I wake up in the morning. The government's argument is funny to me: "We could tell you why we have the authority, but that would embolden the enemy." What a crock. Goooooo Constitution!
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Federal Judge Orders Halt to Warrantless Wiretapping
By THE ASSOCIATED PRESS
Published: August 17, 2006 DETROIT (AP) -- A federal judge ruled Thursday that the government's warrantless wiretapping program is unconstitutional and ordered an immediate halt to it. U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy as well as the separation of powers enshrined in the Constitution. ''Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution,'' Taylor wrote in her 43-page opinion. The American Civil Liberties Union filed the lawsuit on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which involves secretly listening to conversations between people in the U.S. and people in other countries. The government argued that the program is well within the president's authority, but said proving that would require revealing state secrets.
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A friend's opinion
Submitted by Rob Richards on Thu, 08/17/2006 - 11:44am.The g-men can, and most likely will, appeal to the Circuit Court of Appeals. There are several other similar cases pending in other jurisdictions. The Appellate Court can, and probably will, issue a stay of the District Court's ruling until the Appellate Court has had an opportunity to review the issues in the case. If the Appellate Court issues a stay (this is likely because it is such a significant issue), the g-men may continue the program legally, at least until the Appellate Court rules.
Because the matter is pending in more than one jurisdiction, a combination of the various litigations will ultimately land in the Supreme Court. Hopefully, that won't take too long. This decision is, nevertheless, a good sign. The District Judge, by the way, was appointed by President Carter. The District Court apparently decided on two Constitutional grounds - 4th Amendment freedom from unlawful search and seizure (the warrant requirement), and separation of powers - as well as on a statutory ground, violation of the FISA, the Act that created the special Intelligence Court. The violation of the separation of powers, the President arrogating to himself the powers of Congress and the Courts, may be the most significant decision in the long run, and is a direct challenge to Bush's Emperial Presidency.
Some data please
Submitted by OlyCop on Fri, 08/18/2006 - 6:59am.When you get to know me you will learn that I want more freedoms, less intrusion by government, and want the police controlled. I don't trust law enforcement will be self-controlled,(particularly the Feds) and having judges putting a more neutral eye to the case and the need for warrants is a good one.
But with that said, are their any cases where the CIA, NSA, FBI, went looking for terrorists, used the loop holes to avoid the need to get a search warrant, and found no terrorism, but found other criminal behavior? And was that person(s) successfully prosecuted for the unrelated crimes? I don't know of one. If anyone here does, please link to the cases.
I don't know of any, Olycop
Submitted by Phil Owen on Fri, 08/18/2006 - 10:53am.Though I am concerned about the potential for this program to be used to prosecute non-terrorist crimes, this isn't my main beef. There are a lot of other dangers. I have a number of friends who travel to Palestine with the ISM. Despite public perception, the work they do there is very, very benign. Stuff like walking children to school to prevent them from being shot by the IDF (this is how Tom Hurndall was killed). I assume that a good deal of intelligence has been gathered on my friends, because when they arrive in Israel, Israeli intelligence people are often waiting for them in the airport. Warrantless wiretapping could be used as a tool in this intelligence gathering, and I have a fundamental problem with the use of surveilance on people who are doing human rights work.
I don't know if warrantless wiretaps have been used in this instance. The problem with the program is that you can't find out. Bush won't even share enough information with the courts to mount a legal defense of the program... I seriously doubt that the administration would just hand over documentation if we made a FOIA request.
Not to sound like a conspiracy theorist, but what you don't know CAN hurt you...
I understand
Submitted by OlyCop on Fri, 08/18/2006 - 6:55pm.