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Author Topic: Judge orders immediate halt to NSA program  (Read 1619 times)

_BP_

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Judge orders immediate halt to NSA program
« on: August 17, 2006, 01:33:25 PM »
NSA eavesdropping program ruled unconstitutional
Judge orders immediate halt to program


Thursday, August 17, 2006; Posted: 12:57 p.m. EDT (16:57 GMT)

 

(CNN) -- A federal judge on Thursday ruled that the U.S. government's warrantless wiretapping program is unconstitutional and ordered it ended immediately.

In a 44-page memorandum and order, U.S. District Judge Anna Diggs Taylor, -- who is based in Detroit, Michigan --struck down the National Security Agency's program, which she said violates the rights to free speech and privacy.

Taylor's ruling stems from a case filed by the American Civil Liberties Union. According to The Associated Press, Taylor is the first judge to rule the eavesdropping program unconstitutional. (Read the complete ruling -- PDF)

The defendants "are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (TSP) in any way, including, but not limited to, conducting warrantless wiretaps of telephone and Internet communications, in contravention of the Foreign Intelligence Surveillance Act and Title III," she wrote.


She further declared that the program "violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III."

She went on to say that "The president of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders."

The lawsuit, filed January 17 by civil rights organizations, lawyers, journalists and educators, "challenges the constitutionality of a secret government program to intercept vast quantities of the international telephone and Internet communications of innocent Americans without court approval."

The judge rejected the government's argument that the program is within the president's authority, according to the AP.

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chris43

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Re: Judge orders immediate halt to NSA program
« Reply #1 on: August 17, 2006, 04:05:47 PM »
"Well, when the president does [something], that means that it is not illegal."
-Richard Nixon

Julie Fern

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Re: Judge orders immediate halt to NSA program
« Reply #2 on: August 17, 2006, 04:24:53 PM »
ding dong, wicked woitch is, if not dead, then suffering terrible cramping.

philibusters

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Re: Judge orders immediate halt to NSA program
« Reply #3 on: August 18, 2006, 08:44:13 PM »
I wonder whether the wiretapping is a good policy. Its so hard for me to analyze because I don't know jack *&^% about terrorism and do not know if it gets any results. 

I got a good grade in Con Law, so it always annoys me when the AP or CNN simplify the court's decision so much that it is impossible to analyze from a legal perspective.
2008 graduate of William and Mary Law School

Julie Fern

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Re: Judge orders immediate halt to NSA program
« Reply #4 on: August 19, 2006, 10:12:27 AM »
you kissing point:  real question is whether bush can do whatever he want in this area, in express violation of statute and warrant requirement of fourth amendment--and, to avoid this little problem, also without so much as meaningful disclosure to courts or congress.

fisa process makes many concessions to potus, including post-search warrants.

so:  you believe in constitution, or not?

Miss P

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Re: Judge orders immediate halt to NSA program
« Reply #5 on: August 20, 2006, 01:45:40 AM »
It's the correct decision but a lot of questions have been raised about Taylor's legal reasoning.  I think this will make the ruling even more vulnerable when it goes before the 6th cir., depending on the panel.  You all might be interested to read an article from today's/yesterday's Times about it: http://www.nytimes.com/2006/08/19/washington/19ruling.html
That's cool how you referenced a case.

Quote from: archival
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Miss P

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Re: Judge orders immediate halt to NSA program
« Reply #6 on: August 20, 2006, 02:00:47 AM »
It's the correct decision but a lot of questions have been raised about Taylor's legal reasoning.  I think this will make the ruling even more vulnerable when it goes before the 6th cir., depending on the panel.  You all might be interested to read an article from today's/yesterday's Times about it: http://www.nytimes.com/2006/08/19/washington/19ruling.html

Apparently the weak reasoning isn't as harmful as one might think.

This is great, encouraging.  Thanks for posting this, Halfie!  Though I think Balkin is a tad optimistic about the 6th circuit's relationship with the SCOTUS. It's been reversed almost as much as the 9th circuit lately, I think!
That's cool how you referenced a case.

Quote from: archival
I'm so far from the end of my tether right now that I reckon I could knit myself some socks with the slack.

Julie Fern

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Re: Judge orders immediate halt to NSA program
« Reply #7 on: August 20, 2006, 12:50:40 PM »
according to the ACLU and this judge...



Luckily it will be stayed until it the SCOTUS rules on it, and the SCOTUS will not rule in support of the terrorists.

so julie putting you down as not believing in constitution.  my, my.

you not fine american.

J D

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Re: Judge orders immediate halt to NSA program
« Reply #8 on: August 21, 2006, 12:52:47 AM »
It's the correct decision but a lot of questions have been raised about Taylor's legal reasoning.  I think this will make the ruling even more vulnerable when it goes before the 6th cir., depending on the panel.  You all might be interested to read an article from today's/yesterday's Times about it: http://www.nytimes.com/2006/08/19/washington/19ruling.html

Apparently the weak reasoning isn't as harmful as one might think.

This is great, encouraging.  Thanks for posting this, Halfie!  Though I think Balkin is a tad optimistic about the 6th circuit's relationship with the SCOTUS. It's been reversed almost as much as the 9th circuit lately, I think!

From what I know, it's a basic tenet of appellate practice that the decision of the lower court is presumed to be correct.  The appellate court must usually make an all-out effort to uphold the decision below.  This means that the decision will be upheld on appeal if there exists any valid basis for doing so, even if the judge below justified his decision on a different basis, and even if the stated reasoning of the judge below is wrong.
"I never think of the future.  It comes soon enough."--Albert Einstein

Julie Fern

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Re: Judge orders immediate halt to NSA program
« Reply #9 on: August 21, 2006, 08:58:58 AM »
that because king seized john wilkes' diary.