Posted on 08/18/2006 7:44:41 AM PDT by upchuck
Judge Taylor's opinion is certainly long on throat-clearing sound bites. "There are no hereditary Kings in America and no powers not created by the Constitution," she thunders. She declares that "the public interest is clear, in this matter. It is the upholding of our Constitution." And she insists that Mr. Bush has "undisputedly" violated the First and Fourth Amendments, the constitutional separation of powers, and federal surveillance law.
But the administration does, in fact, vigorously dispute these conclusions. Nor is its dispute frivolous. The NSA's program, about which many facts are still undisclosed, exists at the nexus of inherent presidential powers, laws purporting to constrict those powers, the constitutional right of the people to be free from unreasonable surveillance, and a broad congressional authorization to use force against al-Qaeda. That authorization, the administration argues, permits the wiretapping notwithstanding existing federal surveillance law; inherent presidential powers, it suggests, allow it to conduct foreign intelligence surveillance on its own authority. You don't have to accept either contention to acknowledge that these are complicated, difficult issues. Judge Taylor devotes a scant few pages to dismissing them, without even discussing key precedents.
The judge may well be correct in her bottom line that the program exceeds presidential authority, even during wartime. We harbor grave doubt both that Congress authorized warrantless surveillance as part of the war and that Mr. Bush has the constitutional power to act outside of normal surveillance statutes that purport to be the exclusive legal authorities for domestic spying. But her opinion, which as the first court venture into this territory will garner much attention, is unhelpful either in evaluating or in ensuring the program's legality. Fortunately, as this case moves forward on appeal and as other cases progress in other courts, it won't be the last word.
(Excerpt) Read more at washingtonpost.com ...
Y'all might consider downloading this Lib's opinion and looking at it. Very interesting.
If Clinton were using the NSA to surveil rich, white Americans living or traveling abroad in order to ensure that none of them are evading taxes - I wonder how many socialists would be opposed to the program.
The WaPo is a half-step better than the NY Times and the LA Times on these issues.
That's not saying much, though. It's like saying a woman is better looking than Helen Thomas, or a man is saner than Howard Dean . . .
So the WaPo agrees with the outcome of the Judge's ruling, but is embarrassed by her amateurish ad hominem attacks on the Administration.
The US used to decide things through elections (even the Yippies shouted "power to the people"). Checks and balances are off-kilter due to too much power held by the judiciary.
WaPo realizes that building a socialist nanny-state is much tougher... if Washington is turned into a glowing pile of nuclear rubble.
I have felt for a long time that the Post had information about the NSA program but chose not to publish it for national security reasons. Its editorial writers also do not suffer from BDS as do Gail Collins and her pals at the New York Times.
That certainly puts things in a strange light, doesn't it?
Dean Finds Timing of Terrorist Plot Suspicious
Howard Dean, chairman of the Democratic National Committee has assailed the “poor timing” of the recently thwarted al-Qaeda plot to blow up multiple trans-Atlantic flights from the United Kingdom to the United States. “We had the Republicans on the ropes,” Dean complained. “All the polls showed us picking up dozens of seats in Congress—enough to take back the majority and ensure the impeachment of President Bush, now this. Are these terrorists idiots? Couldn’t they wait until after November?”
Dean didn’t confine his wrath to what he dubbed “those bumbling Muslim nincompoops.” He offered an alternative take on events that was more conspiratorial in nature. “How do we know it’s not a put up job?” Dean mused. “It’s easy to arrest people and claim they were going to launch an attack. Maybe there was no planned attack.”
Dean asserted that the “trigger-happy duo” of Bush and Blair—the “killer Bs” as he called them—were, at best, escalating the violence against the U.S. and U.K. “These two act as if a ‘pluralistic society’ is the only acceptable way to govern,” Dean said. “Bush and Blair are risking our lives by foolishly espousing an abstract concept of liberty. Well, every suicide attack against us is a powerful vote for a different culture of governance. We need to take heed of these votes instead of blindly lashing out at this different point of view. The belligerence of Bush and Blair is escalating the conflict.”
Dean said he still remains hopeful that memories of the “alleged” narrow escape from this latest terrorist attack will fade by November. “Football season will be starting, there’ll be the World Series, a new TV season—plenty of things to distract voters from the alleged success of Bush’s war on terror,” Dean said. “I’m confident our ‘u-turn for America’ theme will convince a majority to place their trust in our party.”
In related news, the ACLU expressed dismay that a key tactic in the U.K.’s foiling of the plot to blow up airliners was a so-called “sneak-and-peek” program where British intelligence experts covertly broke into suspects homes and implanted listening devices. “This was an outrageous trampling of civil rights,” said ACLU spokesman, Bertram Petty. “Some may find comfort in the lives saved, but we see a greater danger in the privacy lost. We must do everything we can to ensure that this kind of intrusion doesn’t happen here.”
read more...
http://www.azconservative.org/Semmens1.htm
She's a certified moonbat.
Judge Taylor is a modern day Roland Frieseler.
They have their own club. It's very exclusive, thank God.
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