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November 22, 2009
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Court Delays Wiretapping Ban

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Posted on Oct 5, 2006

Although a judge recently ruled Bush’s warrentless wiretapping program unconstitutional, a federal court unanimously agreed to keep the program running until an appeal is decided, though the three judges involved gave little explanation as to how they reached their decision.


AP (via Yahoo!):

The program monitors international phone calls and e-mails to or from the United States involving people the government suspects have terrorist links. A secret court has been set up to grant warrants for such surveillance, but the government says it can’t always wait for a court to take action.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Aug. 17 that the program was unconstitutional because it violates the rights to free speech and privacy and the separation of powers.

The Justice Department had urged the appeals court to allow it to keep the program in place while it argues its appeal, claiming that the nation faced “potential irreparable harm” and would be more vulnerable to a terrorist attack. The appeal is likely to take months.

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