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Federal Judge rules NSA surveillance unconstitutional!
ABC Radio News | 8/17/2006 | ABC Radio News

Posted on 08/17/2006 9:06:43 AM PDT by sinkspur

A federal district judge in Detroit has ruled that the Bush administration's NSA surveillance of phone conversations is unconstitutional.


TOPICS: Breaking News; Crime/Corruption; War on Terror
KEYWORDS: aclu; aclulist; activistcourts; activistjudge; annadiggstaylor; carterappointee; carterlegacy; counterterrorism; dumbassdonkruling; goodgrief; goodruling; govwatch; gramsci; impeach; itsoverjohnny; judgislators; judicialjihad; judicialtyranny; judiciary; libertarians; mysharia; nationalsecurity; nsa; ruling; spying; thankyoujimmycarter; tyrantsinblackrobes; wot
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To: Fjord
The president has absolutely ZERO authority to wiretap

Wiretaps and electronic surveillance are not the same thing and the President hasn't done either. He has directed agencies within the Executive to legally perform certain activities (that you know nothing about) to intercept communications between terrorists.
561 posted on 08/18/2006 3:04:31 AM PDT by Beckwith (The dhimmicrats and liberal media have chosen sides and they've sided with the Jihadists.)
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To: sinkspur

Absolutely an absurd decision, as the courts are now ruling on moot, hypothetical cases to try and impose their will on elected officials with whom they disagree.

Total abuse of judicial power.

If the ACLU had an actual victim of wiretapping, a real life terrorist who suffered real damages by having their plans twarted by this program , the judge's decision would have still been wrong, but it wouldn't have been as tyrannical.

But here , there is no aggrieved party.

Its particularly ironic that the judge refers to the president in the ruling as a would be "king", when reality is that the judge is assuming that very rule.


562 posted on 08/18/2006 3:27:39 AM PDT by I_Like_Spam
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To: I_Like_Spam
If the ACLU had an actual victim of wiretapping, a real life terrorist who suffered real damages by having their plans twarted by this program , the judge's decision would have still been wrong, but it wouldn't have been as tyrannical.

The irony in that statement is so thick I would need a chainsaw to cut through it.

Prithee tell me, since when is a judicial ruling that the government cannot spy on its citizens without a warrant tyrannical?

There is no tyranny in liberty, my friend.

563 posted on 08/18/2006 6:46:33 AM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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To: Peach
Did you mind that Clinton's Eschelon program spied on Americans? Without benefit of a warrant and not during wartime.

The question is not whether I mind, the question is the lgality. The government has the explicity authority under US law to tap foreign communications to gather foreign intelligence. The purpose of Echelon, orginally, was to monitor international communications. When used for this purpose, the program is legal. When used to monitor purely domestic communications, the legality is in question.
564 posted on 08/18/2006 8:39:36 AM PDT by Truth-The Anti Spin
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To: Miss Marple
How do you know that there hasn't been an impending attack, which the NSA program has stopped?

This would have been a valid argument... if it was a one time, temporary thing. Imagine the scenario:
Impending terrorist attack. The president authorizes warrantless domestic wiretapping in excess of his statutory authority(because he doesnt have time to go to congress and get a law passed), and thwarts the attack. No reasonable person has a problem with this.

BUT, if the president needs the ongoing authority to conduct purely domestic surveillance outside the framework of existing law, he is obligated to go to congress to get that law changed.

It's a seperation of powers issue.. either he must get statutory authority to conduct warrantless wiretaps, or he must get judicial approval through a warrant. Two of the 3 branches have to concurr.
565 posted on 08/18/2006 8:46:18 AM PDT by Truth-The Anti Spin
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To: sinkspur
Except that it has turned down a disproportionate number of those referred to it by the Bush administration.

Please offer a citation for a claim like this.

That is not true, and there is a plethora of legal opinion stating such. There are even official judicial opinions stating such.

John Yoo or Alberto Gonzalez' opinion, as that of officers of the executive branch, are not binding or precedent setting. Really, all the judicial opinions to this point are pretty much immaterial until it goes to the SCotUS.

Where FISA can be used, it should be.

Agreed.

In no case should a FISA refusal or lack of one be an excuse for ignoring possible terrorist chatter. We simply cannot afford it.

Again, this applies only to purely domestic communications. Justify it to me....Why on earth should the executive not have to comply with the law? The libertarian in me cringes even to think of it.

Allow me to finish with a quote: Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.
-Ben Franklin
566 posted on 08/18/2006 8:55:27 AM PDT by Truth-The Anti Spin
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To: Truth-The Anti Spin
Again, this applies only to purely domestic communications.

Uh, no it doesn't. Warrantless searches apply to those involving a domestic party and an international party. There is simply no reason to have to go to a FISA judge when a terrorist in the Phillipines is speaking to a contact in the United States, citizen or not.

I would also apply that to a known terrorist suspect in the United States when he is speaking to someone domestically, though I can see the case for eventually getting a FISA warrant.

And, if you'll go up the thread, you'll see plenty of judicial opinions over the last 20 years that give a great deal of leeway to the CIC in wartime to surveil terrorist suspects, even without a warrant.

567 posted on 08/18/2006 9:02:08 AM PDT by sinkspur (Today, we settled all family business.)
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To: All
This pathetic decision is going to be overturned so fast it won't even be done on one side. Just some pathetic lower level old liberal activist Judge, presuming to try and change crutial ingelligence gathering policy during a war, is disgusting. This is why the founders made it able to impeach Judges. She is beyond her authority, and has no leg to stand on with this ruling.

It's so clearly going to be overturned as soon as it gets to the Appeals Court, or the Supreme Court. I mean, it's been proved that the only calls monitored are ones where at least one of the parties is in a nation that has terrorists in it, and no call monitored has both parties IN the U.S.. And that program is what stopped the five Muslims in Miami last month that wanted to blow up the Sears Tower in Chicago. And the head of the program has made it clear that the program has stopped DOZENS of other attacks before they happened. And it's been mentioned several times that it played a hand in stopping the attack that was to take place from Heathrow. All that good it's done, and no ones civil rights violated, and STILL some extremist radical liberal Judge who apparently cares more about not violating rights of terrorists than protecting the general public, says the program has to stop because it's unconstitutional.

I read the U.S. Constitution and its Amendments regularly, and I've not seen any sentence in there that would remotely indicate, even vaguely, that the Government can't monitor communications between either citizen or foreign national in the U.S., and someone in a foreign country, if those communications are believed to be relating to an attack or some other hostile act to be carried out on American soil. I don't understand how people can make decisions so detrimental to their own safety and everyone elses safety, and then be pleased about making them. It's crazy. Oh well, as is usually the case, the media and the libs will hopp and hollar, and then in not too long a time, it will be overturned, and ignored, and the liberals will pretend that it wasn't over turned, or call Bush a Nazi again. They always either do one of those two things. Most Americans don't mind this program since it was made clear many months ago that it never monitors calls made and received both in the U.S.. So this is a really stupid fight for liberals to pick, just like on all other major issues, the Democrats are on the wrong side of the majority of the American people. Stupid liberals. They're going to lose this one too. :)

568 posted on 08/18/2006 9:19:50 AM PDT by TexasPatriot8 (Irrational is the person who is offended by the mention of a God that he doesn't believe exists.)
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To: sinkspur
Uh, no it doesn't. Warrantless searches apply to those involving a domestic party and an international party. There is simply no reason to have to go to a FISA judge when a terrorist in the Phillipines is speaking to a contact in the United States, citizen or not.

You appear to be correct, and I appear to misinformed on this issue. The president has or should have greater authority to tap communications where one side is foreign in origin.

I would also apply that to a known terrorist suspect in the United States when he is speaking to someone domestically, though I can see the case for eventually getting a FISA warrant.

Yup. Really, how hard can it be to go to the top-secret FISA court and ask for a warrant, especially considering they can do it after the fact?

And, if you'll go up the thread, you'll see plenty of judicial opinions over the last 20 years that give a great deal of leeway to the CIC in wartime to surveil terrorist suspects, even without a warrant.

You're absolutely right. And if we were at war, he could use his wartime powers. But only congress has the right to declare war, and hasn't done so. It all comes back to seperation of powers.
569 posted on 08/18/2006 9:22:37 AM PDT by Truth-The Anti Spin
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To: tina07
from President Bush's speech after September 11, 2001...WE ARE IN A PERIOD OF WAR....

Only congress can declare war.

Simplistically and totally in layman's words....You can't wait for warrants on phone calls that you haven't even heard yet. What do you ask for a warrant for the possible next 100 or so calls that might come? If you wait for a warrant, the calls/conversations of terroristic information that are made will be long over with. How do you track terrorists then?? So you go to congress and get them to allow you do to so. How hard would it be with this congress?
570 posted on 08/18/2006 9:33:32 AM PDT by Truth-The Anti Spin
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To: sinkspur

I think you got it right.


571 posted on 08/18/2006 9:33:58 AM PDT by golfisnr1 (look at a map)
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To: sinkspur
Warrantless searches apply to those involving a domestic party and an international party. There is simply no reason to have to go to a FISA judge when a terrorist in the Phillipines is speaking to a contact in the United States, citizen or not.
You still need a warrant if one party involved is a "United States person", under USC Title 50 Sec. 1802, though. The USAG can't authorize a warrantless search under that section. Is there another law that says different?

A "United States person" is defined as a citizen or a legal permanent resident alien, or corporation (more or less).

--R.

572 posted on 08/18/2006 10:06:15 AM PDT by RustMartialis
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To: TexasPatriot8
I read the U.S. Constitution and its Amendments regularly, and I've not seen any sentence in there that would remotely indicate, even vaguely, that the Government can't monitor communications between either citizen or foreign national in the U.S., and someone in a foreign country, if those communications are believed to be relating to an attack...
I agree, it's legal to monitor communications, as long as you comply with the law. The relevant law is FISA, which is USC Title 50. Sections 1801-1811 cover electronic surveillance.

If nobody involved is a citizen (or legal permanent-resident alien), then S.1802 allows warrantless monitoring on the USAG's say-so (more or less) for a year.

If there's a reasonable risk one of the parties is a US citizen, then you need to apply for a warrant, under the law. Exceptions exist for 15 days after Congress declares war (no longer applicable) and 'emergency orders' by the USAG who then has to go inform a judge [1805(f)], which I gather they don't do either.

FISA needs updated for today's issues and problems, and the Executive needs to get back to following the law in any event.

--R.

573 posted on 08/18/2006 10:25:40 AM PDT by RustMartialis
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To: RustMartialis
You still need a warrant if one party involved is a "United States person", under USC Title 50 Sec. 1802, though. The USAG can't authorize a warrantless search under that section. Is there another law that says different?

No you don't. You misread the 4th amendment.

The 4th amendment has to do with gathering evidence for a criminal prosecution.

Listening in on a terrorist's call is gathering information to prevent an attack, an entirely different thing.

This silly ruling is going to get thrown post haste.

574 posted on 08/18/2006 2:25:41 PM PDT by sinkspur (Today, we settled all family business.)
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To: Truth-The Anti Spin; TexasPatriot8

The Judge seems to say that the power to enact such a program should come from Congress. Where does the Constitution say that?


575 posted on 08/18/2006 3:27:08 PM PDT by GeorgefromGeorgia
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To: TheConservator

"Up next, federal judge rules Constitution really is a suicide pact!"

Yeah. This seems to be the path their logic is following...


576 posted on 08/18/2006 3:57:12 PM PDT by Mrs. Darla Ruth Schwerin
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To: Truth-The Anti Spin
Justify it to me....Why on earth should the executive not have to comply with the law? The libertarian in me cringes even to think of it.

If the Congress passed a law saying "nobody can ever write anything negative about anyone who holds federal office", I could (and would) break that law early and often. Wouldn't you? If a law is unconstitutional, it can (and in most cases probably should) be broken.

There are only three interesting questions in this case. Did the President violate FISA? If so, is FISA Constitutional? And if the answer to either of those is no, then did the President violate the Fourth Amendment?

The decision says the executive "undisputedly" violated FISA... (but then a few paragraphs later goes on to say that the executive does dispute the claim and points to the AUMF). Did the POTUS indeed violate FISA? Maybe.... eh... probably. I think resting on AUMF is colorable... but weak.

But that is meaningful only if FISA is Constitutional. Is it? Probably not. Could the President sign an executive order requiring Congress to submit all proposed laws to a judge before they could be voted on? No. Such an order would have a seemingly Constitutional purpose (to prevent Congress from writing potentially harmful laws that don't pass Constitutional muster) but would violate the Separation of Powers. This decision doesn't even comment on the constitutionality of FISA... saying since the President violated the Fourth Amendment it doesn't matter one way or another.

But how did the court come to the conclusion that the President violated the Fourth Amendment? According to the decision, the POTUS violated the Fourth Amendment by violating FISA (circular reasoning alert!) and... get this... "Accordingly, the Fourth Amendment... requires prior warrants for any reasonable search...

The fourth amendment requires warrants for any reasonable search? What? Since When? So no more exigent circumstances? No more Terry stops? What about 'plain sight'? What about people on parole? When I'm at an airport can I refuse to go through the metal detector? There are plenty of warrantless searches found to pass Constitutional muster. The cases she sites all acknowledge that there are times when warrants aren't required. She's dismissed them all.

(She also claims that the President violated the First Amendment. Can you explain to me how the president could possibly have violated the clause that begins "Congress shall make no law..."? )

577 posted on 08/18/2006 5:51:49 PM PDT by bigLusr (Quidquid latine dictum sit altum viditur)
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To: Abathar

muslim lawyers who work for aclu went shopping for the perfect judge one appointed by jimmy carter what else could you expect


578 posted on 08/18/2006 6:03:19 PM PDT by mickey blue eyes
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To: sinkspur

Un effin believable these liberal traitorous judges. Thanks Jimmah....your legacy lives on.


579 posted on 08/18/2006 7:14:10 PM PDT by tflabo (Take authority that's ours)
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To: Truth-The Anti Spin
how hard can it be to go to the top-secret FISA court and ask for a warrant

The are some hilarious sections of the 9/11 Report that cover that very question.
580 posted on 08/18/2006 9:00:19 PM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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