This how we are all going to end up if the Dimmies run National Security again!
Posted on 08/18/2006 8:47:18 AM PDT by MNJohnnie
A couple of articles why the NSA ruling by the Carter Appointee is so much garbage.
http://levin.nationalreview.com/
By Mark Levin
Judge Not
Are there no limits to which activist judges won’t go to advance their political and policy agendas? Answer: No. I wrote an entire book about it. And U.S. District Judge Anna Diggs Taylor, appointed in the twilight of the Carter administration, is the latest in a long list of disgraceful lawyers who abuse their power.
There are four things that strike me most about Taylor’s opinion. First, she grants standing to such plaintiffs as the ACLU, CAIR, Greenpeace, National Association of Criminal Defense Lawyers, Christopher Hitchens, and others, without a shred of information showing any connection between the plaintiffs’ assertions of constitutional violations and any harm to them. However, Taylor reveals herself in this excerpt from her ruling:
… [T]he court need not speculate upon the kind of activity the Plaintiffs want to engage in – they want to engage in conversations with individuals abroad without fear that their First Amendment rights are being infringed upon. Therefore, this court concludes that Plaintiffs have satisfied the requirement of alleging “actual or threatened injury” as a result of Defendants’ conduct
Taylor writes later:
Although this court is persuaded that Plaintiffs have alleged sufficient injury to establish standing, it is important to note that if the court were to deny standing based on the unsubstantiated minor distinctions drawn by Defendants, the President’s action in warrantless wiretapping, in contravention of FISA, Title III, and the First and Fourth Amendments, would be immunized from judicial scrutiny. …
In other words, if Taylor had ruled properly and found that the Plaintiffs had no standing to bring their lawsuit, she would have denied herself the ability to strike down the NSA intercept program by throwing out the lawsuit.
Second, Taylor fails to address adequately that which has been debated here and elsewhere for months, i.e., the president’s inherent constitutional powers as commander-in-chief, and the long line of court cases (and historical evidence) related to it.
Third, in many places, the opinion reads like a political screed.
Fourth, Taylor insists on the immediate implementation of her decision, meaning that the NSA must stop intercepting enemy communications at this very moment, unless it succeeds in getting judicial relief elsewhere.
The ACLU et al have won the day, as they often do these days when they take their agenda to our courts. Forum shopping works. The judiciary does not.
The opinion is here. (H/T: Andy McCarthy)
UPDATE: This from the Justice Department: "The parties have also agreed to a stay of the injunction until the District Court can hear the Department's motion for a stay pending appeal."
UPDATE II: Just to be clear, Taylor ruled that the president/NSA violated the FISA, Title III, the First and Fourth Amendments, and the Separation of Powers doctrine.
Question for the MSM: Would you all call a plane trip from Cairo to JFK a domestic flight? Just curious.
It's a joke comparing Nixon to Bush.
It's so great to know that 20 million people are listening and learning.
We here in Atlanta missed Rush due to the braves game. I think Rush should look at the Atlanta Braves baseball schedule in the future when planning his vacation schedule. LOL!
That has dropped off the radar, indeed.
Oh no, not Jonathan Turdley.
This how we are all going to end up if the Dimmies run National Security again!
Cubicle Bound
Rush:
"Pure irresponsibility
"nothing but abject lies
"This opinion is a joke
"an utter joke
"an opinion without substance
This is how I like to hear Rush...fired up and ready to slap around some dimwitted DNC-media types!
Now ACLU and the judge are getting some....GO RUSH!
They can't stand the fact that they haven't been able to scandalize Bush!
Why does not give F. Lee Levin props any more?
Morning Johnnie...SME (Sono Mode Engaged)
60's throwbacks looking to relive Vietnam and Watergate....losers never learn!
My understanding is that the FOX CEO sent down orders to his reporters that the kidnapping isn't to be discussed--no free publicity for the kidnappers.
1st Amendment? How does this Affirmitive Action Judge come up with THIS?
Morning sofaman.
Hey, sofa, good to see you.
What Nixon did, JFK and LBJ did 50 times worse.
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