FEDERAL JUDGE RULES BUSH WARRANTLESS WIRETAPS MUST HALT
Randy L. Harrington
August 19, 2006
DETROIT, MI-- A federal judge in Detroit ruled on Thursday that Bush's NSA must stop warrantless wiretaps of telephone and internet communications. The White House program was ruled unconstitutional, and in violation of federal laws prohibiting such conduct, even in the name of fighting terrorism.
Federal District Court Judge Anna Diggs Taylor, a Jimmy Carter appointee in her order on Thursday said that the Bush NSA (National Security Agency) is “permanently enjoined from directly or indirectly utilizing the TSP (Terrorist Surveillance Program, the official name of the White House's warrantless-wiretapping program) in any way, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act. It is further ordered and declared that the TSP violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the Constitution, FISA and the wiretap statues.”
The American Civil Liberties Union filed the lawsuit seeking an injunction against the NSA, as well as a separate action to prevent the NSA data mining of telecommunications records. Judge Taylor ruled that the ACLU was precluded from their lawsuit to stop the data mining program, because to do so would force the disclosure of secret government information.
Judge Taylor said that the NSA wiretapping program must be halted, the Department of Justice said that the ACLU had agreed to stay Taylor's decision pending a Justice Department Appeal to the US Court of Appeals. The ACLU has said however, that they will in fact oppose the stay. The ACLU said that it will allow the program to continue at least until a hearing on the stay motion that is scheduled for September 7.
The Department of Justice in a released statement said “The TSP is a critical tool that ensures we have in place an early warning system to detect and prevent a terrorist attack. In the ongoing conflict with al-Qaeda and its allies, the president has the primary duty under the Constitution to protect the American people. The Constitution gives the president full authority necessary to carry out that solemn duty, and we believe the program is lawful and protects civil liberties.”
ACLU Executive Director Anthony Romero responded “Government spying on innocent Americans without any kind of warrant and without congressional approval runs counter to the very foundations of our democracy.”
President Bush said that “Those who herald this decision simply do not understand the world we live in. This country is at war. We must give those whose job it is to protect us the tools that they need. I strongly disagree with the decision. I believe our appeal will be upheld. The American people expect us to protect them so I put this program in place. If Al Qaeda is calling into the United States we want to know what it is saying.”
It was not until the New York Times published a story on the NSAs warrantless-wiretapping program in December that the Bush administration acknowledge the program. The program is purportedly supposed to intercept communications with and between parties who are suspected of having connections to al-Qaeda coming from overseas.
The NSA also has a separate data-mining program that was reported in USA Today this last spring that looks for calling patterns in telecommunications records that could include a connection to questionable organizations outside of the United States.
The Bush administration has consistently used the war on terror to go down a slippery slope of usurping the Bill of Rights. One one hand the Bush White House pushed for, and obtained approval of the Patriot Act. We have extensive security at all of our airports and harbors that controls the movements to and from an airplane. Liquids, and other items are prohibited on aircraft. Communications are monitored for signs of terrorism, all in the name of securing American's from terrorists. However, there are an estimated 12 million illegal aliens in the United States, and the White House has refused to seal our borders from potential terrorists. All other efforts are pretty much useless, until the United States Borders are sealed.
SOURCES/CONTRIBUTORS: REUTERS; AP WIRE; PR NEWS; WHITE HOUSE; UNITED STATES DISTRICT COURT, MICHIGAN; US DEPARTMENT OF JUSTICE.
Copyright 2006 Randy L. Harrington. ALL RIGHTS RESERVED. Republication or redistribution of this Article, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Randy L. Harrington. For information about serial reproduction, and distribution rights contact the author Randy L. Harrington.
Federal District Court Judge Anna Diggs Taylor, a Jimmy Carter appointee in her order on Thursday said that the Bush NSA (National Security Agency) is “permanently enjoined from directly or indirectly utilizing the TSP (Terrorist Surveillance Program, the official name of the White House's warrantless-wiretapping program) in any way, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act. It is further ordered and declared that the TSP violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the Constitution, FISA and the wiretap statues.”
The American Civil Liberties Union filed the lawsuit seeking an injunction against the NSA, as well as a separate action to prevent the NSA data mining of telecommunications records. Judge Taylor ruled that the ACLU was precluded from their lawsuit to stop the data mining program, because to do so would force the disclosure of secret government information.
Judge Taylor said that the NSA wiretapping program must be halted, the Department of Justice said that the ACLU had agreed to stay Taylor's decision pending a Justice Department Appeal to the US Court of Appeals. The ACLU has said however, that they will in fact oppose the stay. The ACLU said that it will allow the program to continue at least until a hearing on the stay motion that is scheduled for September 7.
The Department of Justice in a released statement said “The TSP is a critical tool that ensures we have in place an early warning system to detect and prevent a terrorist attack. In the ongoing conflict with al-Qaeda and its allies, the president has the primary duty under the Constitution to protect the American people. The Constitution gives the president full authority necessary to carry out that solemn duty, and we believe the program is lawful and protects civil liberties.”
ACLU Executive Director Anthony Romero responded “Government spying on innocent Americans without any kind of warrant and without congressional approval runs counter to the very foundations of our democracy.”
President Bush said that “Those who herald this decision simply do not understand the world we live in. This country is at war. We must give those whose job it is to protect us the tools that they need. I strongly disagree with the decision. I believe our appeal will be upheld. The American people expect us to protect them so I put this program in place. If Al Qaeda is calling into the United States we want to know what it is saying.”
It was not until the New York Times published a story on the NSAs warrantless-wiretapping program in December that the Bush administration acknowledge the program. The program is purportedly supposed to intercept communications with and between parties who are suspected of having connections to al-Qaeda coming from overseas.
The NSA also has a separate data-mining program that was reported in USA Today this last spring that looks for calling patterns in telecommunications records that could include a connection to questionable organizations outside of the United States.
The Bush administration has consistently used the war on terror to go down a slippery slope of usurping the Bill of Rights. One one hand the Bush White House pushed for, and obtained approval of the Patriot Act. We have extensive security at all of our airports and harbors that controls the movements to and from an airplane. Liquids, and other items are prohibited on aircraft. Communications are monitored for signs of terrorism, all in the name of securing American's from terrorists. However, there are an estimated 12 million illegal aliens in the United States, and the White House has refused to seal our borders from potential terrorists. All other efforts are pretty much useless, until the United States Borders are sealed.
SOURCES/CONTRIBUTORS: REUTERS; AP WIRE; PR NEWS; WHITE HOUSE; UNITED STATES DISTRICT COURT, MICHIGAN; US DEPARTMENT OF JUSTICE.
Copyright 2006 Randy L. Harrington. ALL RIGHTS RESERVED. Republication or redistribution of this Article, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Randy L. Harrington. For information about serial reproduction, and distribution rights contact the author Randy L. Harrington.
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