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Ear to the Ground

Judge Orders End to Bush’s Warrantless Wiretapping

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Posted on Aug 17, 2006
ACLU lawyer
AP / Carlos Osorio

Ann Beeson, the American Civil Liberties Union’s associate legal director and the lead attorney for the plaintiffs, addresses the media in Detroit, Monday, June 12, 2006.

A federal judge in Detroit ruled that the government’s eavesdropping program is illegal and unconstitutional, and ordered an immediate halt to it.

“It was never the intent of the Framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,” wrote district Judge Anna Diggs Taylor.

  • Check out constitutional scholar and bestselling author Glenn Greenwald’s stellar analysis and opinion roundup.

  • N.Y. Times:

    A federal judge in Detroit ruled today that the Bush administration’s eavesdropping program is illegal and unconstitutional, and she ordered that it cease at once.

    District Judge Anna Diggs Taylor found that President Bush exceeded his proper authority and that the eavesdropping without warrants violated the First and Fourth Amendment protections of free speech and privacy.

    “It was never the intent of the Framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,” she wrote.In becoming the first federal judge to declare the eavesdropping program unconstitutional, Judge Taylor rejected the administration’s assertion that to defend itself against a lawsuit would force it to divulge information that should be kept secret in the name of national security.

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    By QC, August 20, 2006 at 5:36 am #
    (Unregistered commenter)

    It is fallacy to expect one has privacy on an international phone call via commercial networks. You certainly don’t have that guarantee from the gov’t of the other country, so I don’t know what you achieve by preventing our side from gathering the info. Our govt could just purchase the information from the other govt, or steal it from their systems- that is certainly outside of FISA. Of course this filters all of the information through foreign agents and filters and/or degrades the information.

    The argument that other gov’ts should have this information, but ours should not, is what this boils down to.

    Report this

    By jerry-va, August 19, 2006 at 8:58 pm #
    (Unregistered commenter)

    Judge Orders End to Bush’s Warrantless Wiretapping

    Comment #18855 by Thurgood on 8/17 at 2:10 pm
    Well, there’s your impeachable offense. ( I think my phone might start working now for the first time in six years )

    Thurgood, why isn’t impeachment obvious to all Americans?  Congress passes the Foreign Intelligence Surveillance Act (FISA) and the President ignores Federal law.  We are beyond Democrat and Republican, beyond party.  Save the country and what it stands for.  What’s the problem here?  Love the prison warden, love the concentration camp commandant, don’t make a wave?  If anyone wants to know what NSA is doing, it’s here.  http://WireTapFacts.notlong.com
    —jerry-VA Inside the Beltway
    jerry-va at speakeasy dot net

    Report this

    By Alexandra, August 19, 2006 at 9:21 am #
    (Unregistered commenter)

    Do you and your so-called bloodhounds of truth ever formulate an argument with a premise?

    Conclusions are based on detail, hopefully factual!

    Hate is not a premise, except for bigotry and ill-thought out statements of fact, unsupported by fact!

    Dig for truth and support it with more truth and spare me of your conclusions that come from a disliking of that with which you disagree.

    So done you will have a great web-site! To this point all, I see is anger and corruptd thought bathed in emotionand steeped in infantile argumentation by statement!

    Report this

    By The Real Truth, August 18, 2006 at 6:29 pm #
    (Unregistered commenter)

    I have never read a bunch of crap that compares to the shit you people write.
    Get a grip, and a job!

    Report this

    By BeeJiggity, August 18, 2006 at 10:03 am #
    (Unregistered commenter)

    I understand that the comment was meant in jest, but the irony here is that there is so much attention being paid to the efforts of Hellzbollah in rebuilding Lebanon and we have been in the effort of rebuilding Iraq for years.  In light of that, does Leftist Pillar Molly Ivins deem our effort as noble?

    Of course not.  She throws blame at Haliburton, and makes Hellzbollah look good.  How do they (the left) even claim to be on our side?

    Report this

    By rabblerowzer, August 18, 2006 at 6:10 am #
    (Unregistered commenter)

    Lawlessness

    Conservatives have always advanced the idea that the masses are too stupid for self-rule and many intellectuals agree with that assertion . . . up to a point. And lawlessness is that point.

    Every group of people from tribes to nations need leaders to establish and maintain order, and every society has traditions, customs, taboos and laws to achieve that end. No matter the form of government a society adopts, there are going to an “elite” who rule. Problems arise when the “elite” see themselves as above the law, which they invariably do. That’s human nature and the unsolvable conundrum that every society has to confront.

    Democracy was devised to mitigate that conundrum, so we’re back to self-rule. In spite of their many weaknesses, blunders, and irrational twists and turns, democratic societies are adaptable and self-correcting. Autocratic societies are not adaptable and self-correcting.

    The regime presently ruling the United States is trying to impose autocracy to perpetuate their dominance by usurping the rule of law. That is the definition of lawlessness.

    Report this

    By Homer Hewitt, August 18, 2006 at 5:44 am #
    (Unregistered commenter)

    A District Court Judge showing more brains and fortitude than the US Congress

    Homer Hewitt   http://www.altara.blogspot.com

    Report this

    By TruthPlease, August 18, 2006 at 2:53 am #
    (Unregistered commenter)

    Well - this is good news, but I’m not going to hold my breath yet…George has been stacking the courts since his first day in office - actually his dad did it for him, else we wouldn’t have seen the Florida chad fiasco (so long ago…)  These criminals will not give up this goldmine easily….whatever you may think of Karl Rove - he is as slimy and slippery as an eel and he’s done his homework while Americans were watching American Idol.  They will keep upping the distractions and events until they’ll have to finally pull off the gloves and come out in the open - they will not give up their addictions to all that lovely money and power.  They’ve been fighting dirty for a long time now, but it’s taken a while for enough people to put it together - maybe it’s not too late, but I’m worried.  Remember, a few months ago, when G.W. was talking about ‘quarantines’ for the Public Health?  Get your newspapers and Fox News to trumpet an outbreak of bird flu, or whatever, and there goes any public protests, public gatherings, public voting, public anything!  They’ve shown their stripes long ago - will we be able to pull ourselves out of this mess?  Hope so, but look out for the October Surprise - if they’re so predictable, why doesn’t any of our Congressional Public Servants perform their Constitutional duty and call ‘em on it?  Chicken?
    Or just Chicken Hawks.  I live where there are still real cowboys, and real Cowboys don’t need to lie, cheat or steal and their word is their bond. They know what real patriotism is - too bad George is all hat and no cattle.

    Report this

    By JFM, August 18, 2006 at 12:12 am #
    (Unregistered commenter)

    I’m sure that Ann Beeson and the rest of the ACLU’s legal team are nice, smart and sufficiently motivated, but they really need to work a bit on their camera presence.  They seems to play all to convienently into many of the sterotypes of the left wing.  Sorry for being superficial, but…

    Report this

    By Frank Delgado, August 17, 2006 at 11:57 pm #
    (Unregistered commenter)

    Bush had already stacked the court with his clones. He is way ahead of the Democrates.

    Report this

    By Jerry, August 17, 2006 at 9:57 pm #
    (Unregistered commenter)

    Judge Orders End to Bush’s Warrantless Wiretapping

    The secrecy is needed to grab power in violation of the rule of law.  If you want to know what NSA is actually doing, any technologist who understands telecom can tell you:

    http://WIreTapFacts.notlong.com

    Jerry
    Inside the Beltway

    Report this

    By Thurgood, August 17, 2006 at 5:10 pm #
    (Unregistered commenter)

    Well, there’s your impeachable offense. ( I think my phone might start working now for the first time in six years )

    Report this

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