Skip to comments.Court rejects Obama bid to stop wiretapping suit
Posted on 02/27/2009 8:06:16 PM PST by SmithL
WASHINGTON, (AP) -- The Obama administration has lost its argument that a potential threat to national security should stop a lawsuit challenging the government's warrantless wiretapping program.
A federal appeals court in San Francisco on Friday rejected the Justice Department's request for an emergency stay in a case involving a defunct Islamic charity.
Yet government lawyers signaled they would continue fighting to keep the information secret, setting up a new showdown between the courts and the White House over national security.
The Obama administration, like the Bush administration before it, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed.
Now, civil libertarians hope the case will become the first chance for a court to rule on whether the warrantless wiretapping program was legal or not. It cited the so-called state secrets privilege as a defense against the lawsuit.
"All we wanted was our day in court and it looks like we're finally going to get our day in court," said Al-Haramain's lawyer, Steven Goldberg. "This case is all about challenging an assertion of power by the executive branch which is extraordinary."
A Justice Department spokesman declined to comment.
But hours after the appeals court made its decision, government lawyers filed new papers insisting they still did not have to turn over any sensitive information.
(Excerpt) Read more at sfgate.com ...
The 9th Circuit is not the most overturned for nothing don’t ya know.
Obama has declared the WOT is over and the world is at peace. What do we need this for? All you need is love!
Obama knows if something bad happens he is toast.
The 9th circus will eventually be O’s best friend.
If we managed, somehow to say in law that the 9th Circuit court no longer exists, what would happen to the judges sitting on it?
Is there precedent for a circumstance like that?
> Obama knows if something bad happens he is toast.
Obama knows that if the muslims win, he is the first Caliph of the United Emirates of Ameriqa.
and the last
Oh my God! they are engaging in warrantless wiretapping? We need to impeach this ba**ard right now!
We'd only need for congress to establish the types of cases the court can NOT hear, then, list every type. The court still remains, but they cannot hear any cases.
This, incidentally, is based on Phyllis Schlafly’s solution to judicial activism, which is for congress to specify what types of cases the courts can hear.
The Founding Fathers thought it fine to set up and take down courts like you would any civil service office.
Almost like they had a precursor of the Pendleton Act imbedded in their brains or something when it came to judges.
Remember they suffered under royal judges and the Admiralty Court. They knew a thing or two about corrupt judges, didn’t they?
Is there precedent for a circumstance like that?
Congress established the Circuit Courts of Appeal and may reorganize them as it desires. It may also abolish them if it so desires. In such a case, the judges on the court would be out of a job. You would see the ones laid off from the 9th Circus outside the Wal-Mart with a sign saying "Will pull law out of my grommet for food".
That still leaves the fact that these knuckleheads will still draw a federal salary.
Is there precedent for a circumstance like that?
Article 1, Section 8, Clause 9...
To constitute Tribunals inferior to the supreme Court;
The constitution only spells out the Supreme Court. The rest is left to the Congress to organize, staff and fund. Don't see why they couldn't just dissolve it and have some other appellate court take over the case load. But, I'm not a lawyer.
That works, too. I only wish Congress would occasionally exercise this power.
That is what I thought, but with lawyers, one never can tell, can one?
The interesting thing here, is something which many who do not like Obama may not be recognizing. I’ve seen that the Obama Administration has continued to *carry through* with several of the Bush Administration policies. This seems to indicate something that I suspected before. I suspected that a “candidate” may say a lot of different things during the election, but many times that candidates position is somewhat modified by the “realities of the office” of President of the United States.
I do find it very interesting that the Obama Administration has carried forward with several Bush Administration policies...
Of course, that doesn’t turn Obama into a “conservative”... LOL... but it’s good news on a very few small things, anyway...
I believe this article is saying that the Obama administration is defending warrentless wiretapping while being sued by Al-Haramain Islamic Foundation.
AT least it sounded like it by this quote:
“The Obama administration, like the Bush administration before it, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed”
“hours after the appeals court made its decision, government lawyers filed new papers insisting they still did not have to turn over any sensitive information”
Socialism yes, USA Islam state ?? You are definitely day dreaming
Those liberals would be unhappy with that, while Muslims go for Marxism, the Hollywood, MTV, homo-marriage culture would be outlawed by lashings. In fact in Europe there is some interesting conflicts between homos and Muslims that make me laugh. Tolerance of the intolerant.
How about Isreal? American Jews voted 80% for Obama. NO credit for Saddam by american Jews to Bush, Let them talk to Obama about Isreal.
A successful single attack on US soil would be goodbye Obama.
I know that. Did you disagree with my post?
Judges, although appointed for life, are appointed to a particular seat on a particular court (or “bench”). If the court were to be disolved, so would be the appointment. If there were vacant seats on other courts, though, I imagine they would be filled by already-vetted judges from the disolved court. It’s all up to the congress to write the laws concerning the existence of and appointment to the lower courts. This congress would find all the loonies of the 9th a bench to warm, no doubt about that!
> Socialism yes, USA Islam state ?? You are definitely day dreaming
Daydreaming, no. Nightmare, perhaps.
I sure don’t like what this new President is doing to your wonderful country. He is a very, very nasty piece of work.
Wonderful?? The best we can do is GWB, McCain, Obama, Pelosi, Reid, McConnell, Bayner, ???
The best we can do is a phony bubble 'spend before you earn' and 'get a huge bonus before you file for bankruptcy' Bush Ponzi economy or a Marxist socialist 'take from your neighbor' Obama/Pelosi economy? In both cases my wonderful country demands lots for nothing.
Right now 'wonderful' does NOT come to mind.
> Wonderful?? The best we can do is GWB, McCain, Obama, Pelosi, Reid, McConnell, Bayner, ???
No, the best you can do is Michael Murphy, Michael Monsoor, Jason Dunham, Ross McGinnis, and Paul Smith. With mighty warriors heroes such as these — with plenty more where they came from — who cares about the bloody politicians?
Politicians come and go: Valor is forever.
(BTW, I think President George W Bush will prove to be one of America’s greatest presidents. You should be thankful and grateful that he was at the helm these past eight years.)
> The best we can do is a phony bubble ‘spend before you earn’ and ‘get a huge bonus before you file for bankruptcy’ Bush Ponzi economy or a Marxist socialist ‘take from your neighbor’ Obama/Pelosi economy? In both cases my wonderful country demands lots for nothing.
Your wonderful country keeps the rest of the Free World free. Don’t imagine for one moment that the rest of us aren’t profoundly grateful for that: we are.
Never, ever bad-mouth your country or imagine it to be anything other than wonderful. America will pull out of this temporary Obama distraction just fine: mark my words.
When America falls, so falls Civilization. We ain’t there yet. Not by a long shot.
Hello? Hello? Your phone has been wiretapped.
“Yet government lawyers signaled they would continue fighting to keep the information secret”
* * * * *
Memo Re: Ulterior Agenda
This administration seeks to keep secret all information about birth certificates, and all spying on citizens, be they terrorists or Conservatives.
You could have cut and pasted that post from any one of a thousand on DU, but it would have been about Bush. Delicious irony.
Daydreaming, no. Nightmare, perhaps.
I sure dont like what this new President is doing to your wonderful country. He is a very, very nasty piece of work.”
I agree and for that reason I side with the Plaintiffs in this case. I don't want bo’s quasi-government to have the ability to wiretap anyone in furtherance of his Shite-Islamo-Marxist-Government.
“Ann Brick, a lawyer for the ACLU of Northern California, said the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.”
So sicko what about this suit to protect the privacy of Conservatives do you disagree with?
Let's see, he left ongoing war, massive debt, depression, historical increase in welfare state, Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism ,Republicans ,conservatism and real tax cuts, and left a party in disarray standing for nothing. Grateful is NOT the word that immediately comes to mind.
There, I fixed your post to make it sound more like atypical libtard posting.
Yes, grateful isn’t a word I’d use to describe Bush and is followers.
Let me add:
1. Prescription drug benefit, ( the largest transfer of wealth up to the multiple Shove-it-to-us bills)
2. One veto over the course of his 8 years.
Bush is a socialist, his followers are no better.
Do you notice how cruel, mean and hate filled liberals are? They also don’t have much a brain either — Too much CNN propaganda I would guess.
Looks like it worked! Little late to notice that, they are in charge, but still keep the voters blaming republicans.
I don’t think so, they’ll blame someone else. Never take responsibility for a wrong you have committed (they’ll even blame their mom or dad), just as they have brainwashed all the kids today.
If there is one thing I’ll defend the Bush Admin on, it’s the use of a modified Pen Register and Trap And Trace program to uncover Muslim terrorists abroad and here at home.
Calling it “wiretapping” is technically and LEGALLY incorrect and a lie and it is disingenuous and misinformed and just plain stupid, depending upon who’s saying it. Frequently all of the foregoing.
What I WON’T defend GWB or even one Republican on is their monumental negligence in countering the despicable lie of “warrantless wiretapping.”
There has never, ever been even one single factual assertion that this was done (nor will there ever be), and easy reading between the lines says that it WASN’T.
I curse George Bush for yet another lost opportunity to use the bully pulpit.
Hell, anyone - and I mean ANYONE - without an existing U.S. fingerprint record could have applied for the dangerous and completely insecure “Z visa” to obtain a new or a second U.S. Government approved (but fake) identity. Including native Americans citizens. Or Chinese and Russian intelligence agents. Or European scofflaws and criminals.
I curse every single politician in Washington who thought that subverting America's already shaky national security was a “good idea”. And most specifically George Bush, McQueeg, Specter, and Pansy.
“Let’s see, he left ongoing war, massive debt, depression, historical increase in welfare state, Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism ,Republicans ,conservatism and real tax cuts, and left a party in disarray standing for nothing. Grateful is NOT the word that immediately comes to mind.”
Well said! I agree 100%.
Why in God’s name did the appoint Steele to head the RNC?
We are not going to advance one inch with him at the helm.
Nice touch! It does ring a bit more true that way.
> Let’s see, he left ongoing war,
Wars sometimes take a while to fight and win. The war timetable was not determined by Bush. To a large extent, the Enemy has a say in that.
You conveniently forget or omit that Bush and his policies kept America safe for 7 years following 9/11 — something that many thought unlikely in the weeks immediately following the WTC attacks.
> massive debt,
You had that already. And wars cost money to fight: lots of it, if you persist in fighting wars Yankee-style. That is to say, to have a preference toward expending treasure rather than sacrificing men. You could have had the war finised much sooner, if you didn’t mind how many American and civilian casualties you were willing to take.
So, following this humane warmaking methodology costs significant amounts of money. You don’t have it hanging around as spare cash so you have to borrow. No mysteries there.
Blame congress for that.
> historical increase in welfare state,
By that you mean...?
> Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism
Bush doesn’t get to vote in who gets to represent the Democrats.
> ,Republicans ,conservatism and real tax cuts,
Democrats are going to hate these things anyway. They’re Democrats, for crying out loud!
You don’t seriously expect Pelosi et. al. to have ever had a prospect of loving Republicans, conservatism and real tax cuts do you?
> and left a party in disarray standing for nothing.
That’s your fault, and the fault of every other member of the GOP. Bush did his job, but you didn’t. In fact, the election cycle is proof positive that Conservatives in America cannot find their arse with both hands, a map and a flashlite. A more disorganized bunch it would be difficult to imagine.
> Grateful is NOT the word that immediately comes to mind.
That is because you are an ingrate seeking to blame Bush for your own failings. You’re the guy with the vote. You put Bush in the White House. You failed to have an exit strategy when his time was up.
“I think President George W Bush will prove to be one of Americas greatest presidents.”
I can’t believe you can type that with a straight face.
You can’t blame congress for everything, the man had a veto pen. For 8 years he pushed for the democrap version of immigration “reform”. He signed all the pork, he signed McPain Feingold. He wanted the bailout. He did the auto bailout by executive order on his way out the door! He instigated the surge in Iraq 2 years after he should have. His chosen Treasury Secretaries were all statists. He surrounded himself with incompetent sycophants and cronies.
Pretend he’s a Democrat and not a “Republican” and tell me he was great.
The Bushes are the Royal Family of RINOs.
I have to share his comment #31, Is this blind worship or what ??
a sample :
ME :”Bush left a party in disarray standing for nothing.”
DieHard the Hunter response:
“Thats your fault, and the fault of every other member of the GOP. Bush did his job, but you didnt. In fact, the election cycle is proof positive that Conservatives in America cannot find their arse with both hands, a map and a flashlite. A more disorganized bunch it would be difficult to imagine.”
Sorry it was 42
I speak a a former Bush defender who voted for him 4 times.
Let's see, how would Bush act if he wanted to get Obama elected and push his leftist agenda?
Stop arrests of illegals just before the election to make sure Obama's would not be embarrassed by the arrest of his illegal aunt? Check.
Push a $750B bailout to irresponsible banks, increasing the deficit, so that Obama could blame Republicans and start spending like crazy? Check.
I am a former 4 time voter too. It even makes me madder.
You and me both.
History will show that Bush was one of if not the worst president this country has ever seen. He is also rsponsible for having destroyed the GOP and begetting us Obama. I like Clinton more and I hate Clinton.
die hard is no doubt a RINO.
With the sales of guns and ammo now and wven reports of an ammo shortage this arguement is becoming mute.
Soon events will move in an almost surreal pace. Then freedom again. Freedom for my grand children, and yours.
LOL this guy is from New Zealand.