Hey Folks,Below is the whole thing thus far on the recent decision on King George’s wiretapping adventure.
Please read, skim, or ignore it – depending on how much you already know; but I DID want to comment some on the matter.
The Jimmy Carter haters have another reason: a judge he appointed had the intelligence, integrity, courage, and character to actually do what she swore to do: defend the Constitution.
It’s extremely clear that she’d read the constitution and knew what the words meant. Furthermore she could see that Bush & Co. WANTED the words to mean whatever THEY wanted them to mean.
The judge took prince George to the woodshed.
He, of course, just laughed it off, and his flunkies took to the ramparts hurling hot oil at the evil “activist,” “politically motivated” judge and the plaintiffs, which include the ACLU.
It’s claimed that tapping American phone calls without a warrant is Constitutional and will be ruled as such on appeal.
Well, that’s half true. It is NOT constitutional, but it might be declared so.
Here is the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
That’s pretty damned clear!!!!!!!!!!!!!!!
The people ARE to be secure, and that SHALL NOT be violated, unless by WARRANT, and then ONLY under certain circumstances!!!
Even a dumb-fuck like Bush can see and understand that!!! BUT, he wants what HE wants; so the Ministry of Truth keeps churning out Declarations that White is Black and Three is Four.
The other major approach of the would-be Emperor-et-entourage is to whine “But we NEEEEED this to PROTECT you!! The stupid judge and the evil ACLU wants YOU dead!!! That means we CAN do it!!! RIGHT??? Do you want to DIE for the Constitution?? DIE for a damned piece of paper??”
That argument is not pertinent. Under our form of government, the Constitution rules. It can be amended, but it can’t be legally ignored – even if ignoring it WOULD make it easier to protect a few people.
The argument really is: I should be able to do whatever I want (i.e. be above the law, essentially act as a king or emperor does) in order to better keep you safe.
On those terms, it is clear that Americans would face a MUCH larger threat from the self-anointed Emperor-monkey than from terrorists, and would surely suffer more as a result of the abrogation of the Bill of Rights.
How this situation plays out, as B.F. Skinner used to say, is an experimental question; time will tell. We have a wonderful ruling NOW, but I am not optimistic.
I’ve been ranting for some time now that the people need to stand up. If this new imperial attempt to further close an iron grip on the people’s throat, an attempt so blatant and transparent, is ultimately blessed by the Supreme Sycophants, we had better hit the streets or start developing enough flexibility to kiss our asses goodbye!!
- Uke ManBush Vows to Fight Wiretapping Ruling
By
ADAM LIPTAK and
ERIC LICHTBLAUPublished: August 18, 2006
WASHINGTON, Aug. 18 — President Bush said today that he is confident that a federal court ruling against his administration’s electronic surveillance program will be overturned, and he described those who hailed the ruling as naïve.
“I would say that those who herald this decision simply do not understand the nature of the world in which we live,” Mr. Bush said in a question-answer session at Camp David, Md. “I strongly disagree with that decision, strongly disagree. That’s why I instructed the Justice Department to appeal immediately. And I believe our appeals will be upheld.”
“We believe, strongly believe, it’s constitutional,” the president added. “And if
Al Qaeda is calling into the United States, we want to know why they’re calling.”
A federal judge in Detroit ruled on Thursday that a
National Security Agency program to tap the international communications of some Americans without a court warrant violated the Constitution, and she ordered it shut down.
The ruling was the first judicial assessment of the Bush administration’s arguments in defense of the surveillance program, which has provoked fierce legal and political debate since it was disclosed last December. But the issue is far from settled, and the ruling will not take effect at least until after a hearing scheduled for Sept. 7.
In a sweeping decision that drew on history, the constitutional separation of powers and the Bill of Rights, Judge Anna Diggs Taylor of the United States District Court in Detroit rejected almost every administration argument in the case.
Judge Taylor ruled that the program violated both the Fourth Amendment and a 1978 law that requires warrants from a secret court for intelligence wiretaps involving people in the United States. She rejected the administration’s repeated assertions that a 2001 Congressional authorization and the president’s constitutional authority allowed the program.
“It was never the intent of the framers to give the president such unfettered control, particularly when his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,” she wrote. “The three separate branches of government were developed as a check and balance for one another.”
Republicans said the decision was the work of a liberal judge advancing a partisan agenda. Judge Taylor, 73, worked in the civil rights movement, supported
Jimmy Carter’s presidential campaign and was appointed to the bench by him in 1979. She has ruled for the A.C.L.U. in a lawsuit challenging religious displays on municipal property. But she has also struck down a Detroit ordinance favoring minority contractors. “Her reputation is for being a real by-the-books judge,” said Evan H. Caminker, the dean of the
University of Michigan Law School.
The government said it would ask Judge Taylor to stay her order at the hearing on Sept. 7.
The Justice Department and the
American Civil Liberties Union — which brought the case in Detroit on behalf of a group of lawyers, scholars, journalists and others — agreed that her order would not be enforced until then, but lawyers for the A.C.L.U. said they would oppose any stay after that.
Administration officials made it clear that they would fight to have the ruling overturned because, they said, it would weaken the country’s defenses if allowed to stand.
Attorney General
Alberto R. Gonzales, at a hastily called news conference after the decision, said he was both surprised and disappointed by the ruling on the operation, which focuses on communications of people suspected of ties to Al Qaeda.
Administration officials “believe very strongly that the program is lawful,” said Mr. Gonzales, a main architect of the program as White House counsel and the biggest defender of its legality in a series of public pronouncements that began after the program was disclosed by The New York Times last December.
“We’re going to do everything we can do in the courts to allow this program to continue,” he said, because it “has been effective in protecting America.”
Tony Snow, the White House spokesman, also described the surveillance program as a vital and lawful tool. “The whole point is to detect and prevent terrorist attacks before they can be carried out,” Mr. Snow said. “The terrorist surveillance program is firmly grounded in law and regularly reviewed to make sure steps are taken to protect civil liberties.”
Democrats applauded the ruling as an important affirmation of the rule of law, while lawyers for the A.C.L.U. said Judge Taylor’s decision was a sequel to the Supreme Court’s decision in June in Hamdan v. Rumsfeld that struck down the administration’s plans to try detainees held in Guantánamo Bay, Cuba, for war crimes.
“It’s another nail in the coffin of executive unilateralism,” said Jameel Jaffer, an A.C.L.U. lawyer.
But allies of the administration called the decision legally questionable and politically motivated.
“It is an appallingly bad opinion, bad from both a philosophical and technical perspective, manifesting strong bias,” said David B. Rivkin, an official in the administrations of President
Ronald Reagan and the first President Bush. “It is guaranteed to be overturned.”
Mr. Gonzales would not say whether the program played any role in foiling a plot last week to set off bombs in airliners bound for the United States from Britain. But Speaker
J. Dennis Hastert, Republican of Illinois, suggested that it did play a role in the investigation.
In a written statement criticizing Judge Taylor’s ruling, Mr.Hastert
defended the wiretapping operation and said that “our terrorist surveillance programs are critical to fighting the war on terror and saved the day by foiling the London terror plot.”
His office declined to elaborate.
Mr. Bush alluded to the London plot today as an example of danger in an era of terrorism, but without asserting that the surveillance program had had a role in its detection. “You might remember last week, working with people in Great Britain, we disrupted a plot,” the president said.
Mr. Gonzales said on Thursday that he expected the ruling to figure in the debate in Congress over how and whether to change federal eavesdropping laws. But he said the exact impact was “hard to predict.”
Among competing proposals, Republican leaders have proposed legislation that would specifically permit the wiretapping program.
Some Democrats, however, have introduced legislation that would restrict, or in some cases ban altogether, the government from conducting wiretaps on Americans without a warrant.
The White House is backing a plan, drafted by Senator
Arlen Specter, Republican of Pennsylvania, with the blessing of President Bush, that would allow a secret court to review the legality of the operation.
But in the view of critics, it could also broaden the president’s authority to conduct such operations. Mr. Gonzales said it appeared to administration lawyers that the Specter legislation, if passed by Congress, “would address some of the concerns raised by the judge in her opinion.”
Another element of the Specter legislation would force other lawsuits over the program — like the one brought by the A.C.L.U. in Detroit — to be consolidated into a single action to be heard by the secret court.
Judge Taylor rejected the government’s threshold argument that she should not hear the case at all because it concerned state secrets. Dismissal on those grounds was not required, she wrote, because the central facts in the case — the existence of the program, the lack of warrants and the focus on communications in which one party is in the United States — have been acknowledged by the government.
The government also argued that the plaintiffs lacked standing to sue because they had not suffered concrete harm from the program. Judge Taylor ruled that the plaintiffs “are stifled in their ability to vigorously conduct research, interact with sources, talk with clients and, in the case of the attorney plaintiffs, uphold their oath of providing effective and ethical representation of their clients.”
Some plaintiffs, the judge wrote, have had to incur travel expenses to visit clients and others to avoid possible monitoring of their communications.
Going beyond the arguments offered against the wiretapping program by many legal scholars, Judge Taylor ruled that it violated not only the 1978 law, the Foreign Intelligence Surveillance Act, but also the Fourth Amendment, which prohibits unreasonable searches and seizures.
The Supreme Court has never addressed the question of whether electronic surveillance of partly domestic communication violates the Fourth Amendment. Judge Taylor concluded that the wiretapping program is “obviously in violation of the Fourth Amendment.”
The president also violated the Constitution’s separation of powers doctrines, Judge Taylor ruled. Neither a September 2001 Congressional authorization to use military force against Al Qaeda nor the president’s inherent constitutional powers allow him to violate the 1978 law or the Fourth Amendment, she said.
“There are no hereditary kings in America and no powers not created by the Constitution,” she wrote, rejecting what she called the administration’s assertion that the president “has been granted the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution itself.”
Republicans attacked the decision. “It is disappointing that a judge would take it upon herself to disarm America during a time of war,” said Representative Peter Hoekstra, Republican of Michigan, the chairman of the House Intelligence Committee.
Judge Taylor did give the government a minor victory, rejecting on national security grounds a challenge to a separate surveillance program involving data mining. That ruling is consistent with recent decisions of federal courts in San Francisco and Chicago.
Judges in those cases drew a distinction between the wiretapping program, which the administration has acknowledged and defended, and the data mining program, which has not been officially confirmed.
David Stout contributed reporting for this article.