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Judge orders NSA spy papers released
CNN ^

Posted on 02/16/2006 11:23:39 AM PST by hipaatwo

A federal judge dealt a setback to the Bush administration on its warrantless surveillance program, ordering the Justice Department on Thursday to release documents about the highly classified effort within 20 days or compile a list of what it is withholding.

U.S. District Judge Henry Kennedy said a private group will suffer irreparable harm if the documents it has been seeking since December are not processed promptly under the Freedom of Information Act.

The Justice Department failed to meet the time restraints under FOIA and failed to make a case that it was impractical to deal quickly with the request by the Electronic Privacy Information Center.

Justice Department spokesman Charles Miller said no determination has been made as to what the government's next step will be.

(Excerpt) Read more at cnn.com ...


TOPICS: Breaking News; News/Current Events; War on Terror
KEYWORDS: aclu; foia; henrykennedy; judgehenrykennedy; kennedy; nsa; patriotleak; spying; surveillance; treason
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To: conservative physics

If you're arguing that Marbury Vs Madison was an overstepping of the authority of the Judiciary then I would strongly disagree with you as would Alexander Hamilton and Justice Scalia.


101 posted on 02/16/2006 12:26:34 PM PST by Borges
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To: cartoonistx

Exactly.

This Judge and what standing army. The MSM? LOL

No way in hell does this happen. If the Judge thinks otherwise, let him try to marshall a standing army to take the information he wants.


102 posted on 02/16/2006 12:27:07 PM PST by Soul Seeker (Mr. President: It is now time to turn over the money changers' tables.)
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To: FairOpinion
so how can the idiot judge rule that they should be released?!

Because he is a Judge and he says so

I do expect this to appealed

103 posted on 02/16/2006 12:27:52 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: MarneyK
The challenges have come from both the "right" and the "left." None has succeeded.

Any of those challenges come from the executive branch? The same branch that has held that in matters of foreign affairs, that though it may use the court, it reserves its authority (under which at least one previous Administration it referred to it as "unassailable"?

104 posted on 02/16/2006 12:28:02 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: MarneyK
My highly conservative former law professor, Richard Epstein, said on Lou Dobbs this week that the President's NSA spying initiative is illegal.

If the intended target was an American I would agree with him. Since the targets involved are most likely terrorists aka "Foreign agents" then his point is moot. You have to remember and remind people these are not "wire taps" but intercepts of calls originating from a foreign entity.


105 posted on 02/16/2006 12:28:15 PM PST by darkwing104 (Let's get dangerous)
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To: HOTTIEBOY
I think they should just skip all the charades and start blowing up buildings themselves instead of waiting for the terrorists to do it.

Post of the Day

The dems simply DO NOT CARE what happens to a few thousand more "little people" if it means they get back POWER.

106 posted on 02/16/2006 12:53:19 PM PST by Darkwolf377
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To: Mo1
I do expect this to appealed

Not yet. This is a WHEN order, not a WHAT order. At least it doesn't order any more WHAT than FOIA already provides for. Classified stuff is not released under the FOIA.

107 posted on 02/16/2006 1:01:08 PM PST by Cboldt
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To: hipaatwo

Pres. Bush, please tell the judge to "go pound salt....."

Do as Pres. A. Jackson once said when he was ordered by a judge or judges, "I have the divisions and he/they doesn't/don't."


108 posted on 02/16/2006 1:02:12 PM PST by GOPologist
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To: hipaatwo; onyx; ohioWfan; Texasforever; BigSkyFreeper; Tamzee; mrs tiggywinkle; EllaMinnow; ...

And there is more from this group


http://www.epic.org/epic/staff_and_board.html

David L. Sobel, General Counsel
(snip)
He was formerly counsel to the non-profit National Security Archive, and his clients have included Coretta Scott King, the Nation magazine and ABC News.

Lillie Coney, Associate Director
(snip)
Prior to that, Ms. Coney served as special assistant to Rep. Sheila Jackson Lee (D-TX) on a variety of issues ranging from energy and information technology policy, election reform, to education policy.


109 posted on 02/16/2006 1:03:19 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: redgirlinabluestate

http://www.dcd.uscourts.gov/kennedy-bio.html

Info on the judge.... appointed by Clinton.


110 posted on 02/16/2006 1:03:34 PM PST by redgirlinabluestate
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To: hipaatwo

HUM!!! Sounds like a politically correct decision made by someone who cares more about politics than his or her own country.


111 posted on 02/16/2006 1:05:44 PM PST by OKIEDOC (There's nothing like hearing someone say thank you for your help.)
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To: hipaatwo
IANAL, but my quick reading of the judge's report leads me to the following conclusions:

1. The DOJ's filing may not have been written with the necessary attention and seriousness that should be required for such an important issue. Did they pawn it off on some inexperienced lawyer? Did they submit some boilerplate without giving it proper thought? It seemed to be too easy for the judge to swat away their weak and not-well-thought-out legal arguments.

2. The judge has glossed over some important distinctions and contradictions with precedents in arriving at his conclusion that twenty days is the maximum allowable time for an expedited FOIA request to be handled.

3. The judge's tortured rationale for concluding that irreparable injury will occur if the production of the requested documents is delayed does not meet the laugh test. He has turned the concept of 'irreparable injury' into something meaningless and unrecognizable.

4. The judge's decision has the smell of having had a predetermined outcome, dressed up with weak legal arguments that should be able to be easily pierced by a competent attorney. So, why didn't the DOJ have a competent attorney work on it in the first place...

112 posted on 02/16/2006 1:08:07 PM PST by Zeppo
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To: smoothsailing

Correct!! Please read #108 above. Thank you.


113 posted on 02/16/2006 1:09:13 PM PST by GOPologist
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To: Mo1

Marc Rotenberg, Executive Director

(snip)
He served as Counsel to Senator Patrick J. Leahy



Ptooey!


114 posted on 02/16/2006 1:10:03 PM PST by hipaatwo
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To: hipaatwo

What is their connection to the ACLU? ...bet it is there in some way!


115 posted on 02/16/2006 1:10:19 PM PST by Ernest_at_the_Beach (History is soon Forgotten,)
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To: demlosers

LOL!


116 posted on 02/16/2006 1:12:02 PM PST by P-Marlowe
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To: hipaatwo

"a private group will suffer irreparable harm "

Al Queida no doubt!


117 posted on 02/16/2006 1:12:34 PM PST by conservativewasp (Liberals lie for sport and hate our country.)
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To: Mo1

Lillie Coney, Associate Director
(snip)
Prior to that, Ms. Coney served as special assistant to Rep. Sheila Jackson Lee (D-TX) on a variety of issues ranging from energy and information technology policy, election reform, to education policy.



O.K. Now this filing makes perfect sense after seeing who is behind it. Scumbags.


118 posted on 02/16/2006 1:12:57 PM PST by hipaatwo
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To: hipaatwo

The Liberals will have us lose this war.... Liberal lips sink ships.... that should be the new War Time Slogan.


119 posted on 02/16/2006 1:14:04 PM PST by tomnbeverly (Liberal Lips Sink Ships....)
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To: Ernest_at_the_Beach

Hiya Ernie! I'm not sure of a connection but I would be surprised if their isn't one.


120 posted on 02/16/2006 1:14:09 PM PST by hipaatwo
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