Did you know you actually have rights? Did you know that...
There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution.
Well this was the position of Federal judge Anna Diggs Taylor who issued a 48 page opinion
today, ruling in favor of the ACLU
in its suit against the Bush administration and ordering an immediate halt to the NSA's illegal surveillance program on constitutional grounds.
The Justice Department is going to appeal. Duh! But this is still very good news.
This ruling could not have been clearer to those who have tried to defend this illegal program. Throughout the term of the Bush administration, the preseident has chosen to pick and choose when the Constitution should apply to him and when it doesn't.
The difference in this case is finally someone with knowledge and a backbone (unlike our dear friends in Congress) has decided this issue based purely on it's legal/constitutional merits and not on the prevailing political climate.
It's about time someone applied the rule of law and did what was right. The fact that the judge ruled from Michigan is a plus! ;-)
Compguy...welcome, and I couldn't agree more. Here's to hoping that the ruling in the appeal will be as clear and as favorable. Moreover, since this was decided on constitutional grounds it circumvents the administration's bogus arguments about the plaintiff's inability to prevail due to the potential exposure of state secrets.
Kathy, even though the EFF case is being tried in California, Vaughan Walker (the Federal judge here), is not known for being receptive to cases brought on behalf of the citizenry.
Cons-ti-tu-tion? Wait, it's coming back to me.... That was the thing we had before Shrub.... I remember now! Cool.
Yes! I just sent another donation to the ACLU. They're the good guys in the nation today.
You beat me to it. Oh well, it's not a contest.
Good news. More and more people are developing a spine.
There was more good news about a Bible display in a Courthouse today. I may be able to find the link again.
Poor George, even the court doesn't like him.
Best news I've seen in some time. NOW can we get those articles of impeachment drafted?
I now can call my brother with out worrying about him being arrested for suggesting he'd like to take a baseball bat to Bush.
Julien, Lew...now don't go getting too excited. They're still a'tappin' until after the appeal, and you know Bush will probably just attach a signing statement or something that says he doesn't have to abide by court opinions if they would infringe on his powers as Commander in Chief.
Mary, good for you. I haven't supported the ACLU in a couple of years, but I'm a big supporter of the EFF.
Granny, had to beat you on something. Worried beat me to the Dobson story earlier. :-)
Cartledge, well...not that court. We'll see how the appeal goes.
Not to throw water on your orgy here but do you really think that a mere judge has the power to stop what has been going on for years?
Do some research on Echelon-and that's just what they've admitted.
In reality all they have to do is pay a corporation in another country to torture, spy or undermine anything they want to accomplish in this country-with the constitution still "intact" and this happens all the time. It's kind of like professional courtesy when they share this kind of info with other intel networks, and they do when it fits their advantage.
Lew might not to encourage his brother in such talk.
I'm diggin' the Hon. Anna Diggs today. One tiny step back from fascism is better than none. It was a brave ruling. She's going to take a lot of flack for it.
I thought the Department of Justice served the American people not the President of the US?
this woman who made the decision is a hero in my book.
Hey AJ, NSA has been collecting everything there is to collect for years. It's a delicate balance that they've endured for decades, but until Bu$hCo came along the information from domestic sources simply wasn't scrutinized (at least that's what I believe). It took that shit Gen. Hayden to fix NSA's little red wagon.
We're stopping the abuse of the Constitution be returning NSA to their mission (I hope...you know, after the appeal).
Libby, I think she's up for it. She's in her 70s and probably close to retirement. I think that, at the end of her career, she was ready for a major Constitution upholding decision.
But don't let that take anything away from its quality or her bravery. I agree with Windspike. She's a heroine.
Most welcome news!
My bet is that the Administration keeps doing it anyway. Laws? They don't need no stinking laws!
It's totally awesomely excellent news! I saw it on CNN last night, and Wolfie Blitzer even seemed impressed.
The EFF case in Cali is the one I'm waiting for before doing a real post. This is a rational and logical result though, and I certainly hope the other one follows suit. As you mentioned above, this is NOT about National Security: it's about the abuse of power by ONE branch of the 3 part system of Checks and Balances.
Sumo, Michael...good news definitely, but I'm waiting for the appeal. As for the EFF case, Vaughan Walker (the Federal judge here in the 9th Circuit) is not know for his citizen friendly rulings, but I think that the EFF has an even stronger case.
Sothis, wouldn't that be something? Bush ignores the ruling. Taylor slaps him with comtempt of court and orders him carted off to jail.
I finally got around to addressing this latest usurpation of law by the criminal regime.
The thing that bothers me most is that the boyking doesn't like it and has ordered the justice department to appeal.
The U.S. Constitution is not subject to that assholes interpretation regardless of his statement that "its just a goddamned piece of paper".
Impeachment in 2007 is way too light for his ass. But its a start...