Skip to comments.Judge orders NSA spy papers released
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 ...
Out of control!
Without looking, is it a Clinton apointee?
So go to a sane judge higher up the food chain.
Judge Henry H. Kennedy, Jr.
Judge Kennedy was appointed to the U.S. District Court in September 1997. He graduated from Princeton University in 1970 and received a J.D. from Harvard Law School in 1973. Following graduation, he worked for a short time for the law firm of Reavis, Pogue, Neal and Rose, then served as an Assistant United States Attorney for the District of Columbia from 1973 to 1976.
From 1976 to 1979 he served as a United States Magistrate for the United States District Court for the District of Columbia. In December 1979, he was appointed Associate Judge of the Superior Court of the District of Columbia, where he served until his appointment to the federal bench.
Chambers: (202) 354-3350
Does the justice department really have to take orders from the Judicial branch?
Sounds like this "request for spying information" was filed on behalf of Al-Qaeda.
"a private group will suffer irreparable harm "
Who are they?
Judge Kennedy was appointed to the U.S. District Court in September 1997 by Bill Clinton.
I want to know what "private group will suffer irreperable harm"..if this information isn't released.
He better not be talking about the terrorists...
They can appeal it until it reaches the US Supreme Court. They do not have to abide by the ruling of this traitor judge.
This will be undone.
But FDR's secret files still can't be released after he framed the Pearl Harbor commanders.
I think they should just skip all the charades and start blowing up buildings themselves instead of waiting for the terrorists to do it.
Really, why don't the dems start killing Americans and save themselves some time.
they had better appeal asap.
exactly which group is suffering harm.. Al Qeada, daily kos crowd or the DNC leadership on a fishing expedition?
Just another arrogant twit in a black robe...
HERE...is the reason that it has been so important for Bush to get as many SCOTUS justices confirmed as possible under his watch...
I have a feeling that these kind of "decisions" will be all too prevalent coming from some of Clinton's judges..
That dog's not gonna hunt for long.
this will be instantly appealed, its obvious who owns this judge.
For once I agree with Joe Stalin... "Judge, how many divisions do you have?"
The Supreme Court is next I hope.
What doesn't this AHOLE understand about the words "highly classified"?
I wonder if that's the same Rose of the Rose Law Firm of Hillary Clinton fame?
ping a ling
I thinks it's People for the Unamerican Way that's requesting this. I remember reading about it last week but I'm not 100% sure.
This is a turf war.
The judges are afraid they will now be bypassed.
Seriously, if the information is not being gathered for a court case there warrents are really not relevant. These judges are confusing the battlefield with the courtroom.
You can't win wars with scottish law.
How on earth do 90% of the LSM news reports refer to "Bush's Domestic Spying Program"?
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Electronic Privacy Information Center v. Department of Justice
Civil Action No. 2006-0096
Memorandum Opinion & Order issued February 16, 2006 by Judge Henry H. Kennedy
The 2006 opinions of the court: http://www.dcd.uscourts.gov/opinions/district-court-2006.html
This is really a bogus decision. When seeking a preliminary injunction (which is what was issued here) the plaintiff not only has to show that they will suffer irreperable harm if the injunction is not granted; they must also show that the threatened harm to them if the injunction is not granted outweights the potential harm to the defendant if the injunction IS granted. Also, the plaintiff must show a substantial likelihood they will prevail on the merits. Now....how could anyone believe that the potential harm to the US if confidential info on the war on terror is disclosed is outweighed by the speculative damage some unknown telephone caller might have sufferd?
IT'S THE DAMN ACLU!
Does national security mean anything to these people? I mean, the Federal government does have a responsibility to see that its citizens don't get killed by terrorists.
That was the same thing I wondered...the name ROSE just kinda stuck out, didn't it??
Federal Judges officially back Al Queda and should be impeached.
no private party is "harmed" by this program. rubbish. rubbish!!!!
That was President Jackson.
Couldn't they have just sent Sandy Berger in to steal the documents?
The case doesn't stand for the proposition of WHAT is to be released, only WHEN. Plenty of FOIA requests are answered with a "we can't tell you that."
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