August 17, 2006 9:44 AM PDT
Federal judge orders halt to NSA spy program
Last modified: August 17, 2006 2:11 PM PDT
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The landmark decision makes U.S. District Judge Anna Diggs Taylor in Detroit the first judge to strike down the National Security Agency's once-secret program. The American Civil Liberties Union had filed suit against the government, claiming the program "ran roughshod" over the constitutional rights of millions of Americans and ran afoul of federal wiretapping law.
In a sweeping victory for the ACLU and its clients, which included organizations representing criminal defense lawyers, journalists, Islamic-Americans and academics, Taylor appeared to knock down several major legal arguments that the Bush administration has used to defend the program since it was revealed by The New York Times last December.
"Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution," the judge wrote in her 43-page opinion (click here for PDF).
The decision immediately drew an appeal from the U.S. Department of Justice, which argued in a statement that "the Terrorist Surveillance Program is an essential tool for the intelligence community in the War on Terror." The Bush administration also requested that the judge's opinion be put on hold until the appeals process is complete. The government appealed the decision to the U.S. Court of Appeals for the Sixth Circuit.
Meanwhile, the parties agreed to a temporary stay of the opinion, which allows the surveillance program to continue operating, until a Sept. 7 hearing to address the government's request for a lengthier stay.
The terrorist surveillance program, Taylor ruled, violates the First Amendment's right to freedom of expression and the Fourth Amendment right to privacy--that is, freedom from unreasonable searches. It also ignores requirements of a 1978 electronic wiretapping law known as the Foreign Intelligence Surveillance Act (FISA) and represents an overstepping of presidential powers, she wrote.
"There are no hereditary kings in America and no powers not created by the Constitution," the judge wrote, dismissing the Bush administration's argument that the warrantless program falls within the president's inherent wartime powers as commander in chief.
The judge, who was appointed by President Carter in 1979, also dismissed the government's request that the suit be thrown out because of the "state secrets privilege," which permits the government to suppress a lawsuit that might lead to the disclosure of military secrets.
Taylor did, however, reject a piece of the ACLU's lawsuit that related to alleged data mining of communications records, saying that litigation of that claim would violate the state secrets privilege.
"We are enormously gratified with the court's historic ruling today," ACLU Executive Director Anthony Romero said in a conference call with reporters. "At its core, today's ruling addresses the abuse of presidential power and reaffirms a system of checks and balances that's necessary in our democracy."
The Justice Department disputed the judge's conclusions, referring again to the program as a "critical tool" for detecting and preventing terrorist attacks. "The president has the primary duty under the Constitution to protect the American people," the department said in a statement. "The Constitution gives the president the full authority necessary to carry out that solemn duty, and we believe the program is lawful and protects civil liberties."
White House Press Secretary Tony Snow also blasted Taylor's decision, saying in a statement that the Bush Administration "couldn't disagree more" with the ruling. He pointed to revelations just last week of a terrorist plot to blow up transatlantic airliners, which netted at least 24 arrests overseas.
"United States intelligence officials have confirmed that the program has helped stop terrorist attacks and saved American lives," Snow said. "The program is carefully administered, and only targets international phone calls coming into or out of the United States where one of the parties on the call is a suspected Al Qaeda or affiliated terrorist."
However, I also think that the with one party controlling both Congress and the presidency we're probably not going to see any real momentum in ending the NSA spy program.
What confuses me is that normally when presidents ignore the constitution and rules we have set in place that govern us they get in trouble for these things.
I guess that maybe that's the "old way" of doing things. Now we break the laws and declare it legal, which it remains so until proven otherwise?
Is CNET reporting this for "Technology" Reasons?
Another Concerned Citizen
Judge Taylor is the receiptant,
It would be poetic justice if the potential repercussions only fell on those who promote this naive, destructive idealogy.
don't get me wrong... i don't want them spying on calls inside the US going around inside the US without a warrant (which they are not doing), but this whole thing is about calls going outside the US to known terrorists. Our constitution does not apply to these people!
But then again, the political left will do better if America looses. It is so upsetting that according to them, everything bad in the world is America's fault.... and they call themselves patriots, yet when Bush or Chenny call the recient capture of terrorists in the UK a reminder of our enimy, the libs call it "offensive to use that event for political gain" These wiretaps are for the collection of intelligence, not the prosicution of americans. if anything here were braught to a court, it would be turned down. but it aids in the country's protection.
If anyone is stupid enough to think this rejection of NSA tactics encourages terrorism, keep in mind that Great Britain busted the terrorist ring last week WITHOUT such illegal wiretaps. They did it BY THE BOOK.
Every single one that is complaining because it's being listened, it's because he's telling something isn't worth saying, too wrong to be acceptable, or too stupid to be useful.
The problem is simple. It takes too long to make change happen through our current political BS and no action system. As a president you have to cut through the crap and make things as best you can with what you've got.
Electronic voting booths that can't count or have accountability. Democracy is taking a turn for the circus! Can we be serious when we blame other countries for not wanting to become like us and accept Wal-mart mentality and misconducts?
We are having a law/electronic/patent/social melt down and everyone is pointing at everyone else while no one has accountability for their actions.
What a slippery slop we all must conform and live with. Good luck and God Bless Everyone - Everywhere!
Best regards,
Mac
in times of war or not the freedoms of Americans should never be removed.
I guess you want internment camps for all muslims but this time run by Japan american citizens?
It will not work. Cry of terror is always what is being used to kill freedoms.
I have nothing to hide, but that doesn't give the government the right to assume I am committing some wrong and force me to prove I'm innoncent. That's not the way freedom works people. And for all you "I have nothing to hide" goobs, protesting a government that is tyrannical is the truest form of patriotism. Just ask the colonists.
communication with known terrorist. It is preventing about
wiretapping *without a warrant*
If a suspect is suspected to be contact with a known terrorist, they
will always obtain such warrant easily.
This is the spirit that we Americans have lost. Most of us no nothing of the fight to gain the freedoms we enjoy and take for granted. The we allow a president to just take those freedoms away under the guise of saftey.
Those who are willing to give up any amount of freedom deserves none at all.
- Good Decision
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by mustafa-alsayed
August 17, 2006 11:29 AM PDT
- Thanks be to Allah and his prophet Mohammed (Peace Be Upon Him), that this judge has the wisdom to rule on what is right.
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See all 378 Comments >>Her understanding is truly heartening, and fills me with hope.
We will make sure that she will be one of the last to meet Allah.