
A federal district court judge in Detroit has issued an injunction, halting the NSA domestic spying program unless and until the Bush Administration follows the nation's laws and obtains FISA warrants as every other Administration has done since the 1970s, and calling this end-run of the nation's laws unconstitutional in very straightforward language.
According to the WaPo:
U.S. District Judge Anna Diggs Taylor wrote in a strongly-worded 43-page opinion that the NSA wiretapping program violates privacy and free-speech rights and the constitutional separation of powers between the three branches of government. She also found that it violates a 1978 law set up to oversee clandestine surveillance.Ruling in a case brought by the American Civil Liberties Union and other advocacy groups, Taylor, 73, wrote that "public interest is clear, in this matter. It is the upholding of the Constitution. . . . "
"It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights," she wrote. " . . . There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution."
It's Thursday, and the peanut is home with me today, so I haven't had an opportunity to go through the whole case as yet, but Glenn has some great analysis up already, and it is well worth the read.
The ACLU has the full opinion here. And they also have a good summary of the case history here. I hope to have more on this ruling as I can get time to thoroughly read and digest it. Please link up any good analysis you see on the case here in the comments for everyone else to peruse.
Sen. Russ Feingold's office sent along this statement regarding the ruling:
"Today's district court ruling is a strong rebuke of this administration's illegal wiretapping program. The President must return to the Constitution and follow the statutes passed by Congress. We all want our government to monitor suspected terrorists, but there is no reason for it to break the law to do so. The administration went too far with the NSA's warrantless wiretapping program. Today's federal court decision is an important step toward checking the President's power grab."
Clear, to the point, unambiguous -- have to love that in an elected official, don't you?
This is going to get interesting. As Glenn points out, this is now the second federal court to reject the "state secrets" claims of the Bush Administration -- looks like someone's crown may be getting a bit tarnished.
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Anna Diggs Taylor!
YAY!
I diggs Anna!
twolf!
tommy yum!
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
1 win for the good guys-yay!
To the peanut:
Your mommy is the shit! :D
To the mommy:
Thanks for explaining these things to sorts like me. I want to know but am not immersed enough yet to explain. Thanks and Hallelujah!
Hallelujah! Judge Anna Diggs Taylor nails it!
Does anyone else feel like the tide is finally turning? Not to get all unfocused or celebratory or anything, but this is truly refreshing news.
I feel this is more than just a baby step. Even though the Jean Bennet Ramsy arrest is trumping it in the M$M
What I found so ingenious was the ACLU stating that discovery was not required, since the mere public knowledge of the TSA program was sufficient to cause harm to the plaintiffs. By going that route, the ACLU effectively preempted the “state secrets” argument, since the govt was arguing that state secrets would need to be disclosed during the discovery phase. No discovery, no state secrets issue.
Bout damn time!!
Finally, of course she’ll be labeled an Al-Qaeda, liberal activist judge for the next 2 years. Judicialicious!
We, the People, diggs Anna!
I read Glenn Greenwalds post about this. I am very encouraged. A feeling that I rarely am able to enjoy in this era of the incompetent, power grabbing boy king.
Great on this ruling.
OT…… NPR’s The World on…I am so pissed off that the Lebanese people are going home to intact houses in some cases, but the ground littered with unexploded cluster bombs. The genocide goes on……
Thanks, Christy, this was a speedy post from you considering the volume of material to wade through and juggling the demands of motherhood at the same time.
While it would have been nice to see a couple points fleshed out better by the court, perhaps it found these to speak for themselves.
Will wait patiently for your next post on the topic. Don’t know how you’re doing it; I’m nearly ready to break out the cattle prod and shock collars with the two kids I have here right now. I will be SO glad when school starts, tired of breaking up cat fights between them every day. The younger one got on the computer to play NeoPets and wiped out my Firefox session, including a half-hour long email — had only turned my back for a minute to take a phone call. Gah…
So I guess Russ’s censure resolution was moderate and centrist.
Lamont supported it; HoJo, no.
CHS, lookout! WVA airport - passenger’s bottle tests positive for explosives… according to Faux News anyway
Rayne @ 18
Don’t give me any ideas! I got my two as well. Just had to “time out” the younger brother for walloping his sister.
LOVED that ad where the parents are shopping for back to school and the song is “It’s the most wonderful time of the year…!”
TPM Muckraker has a statement from the Justice Department.
Wingnuttia is of course already calling this “Democrat appointed judge sides with terrorists”. Can’t we just euthanize those fukkers? hehe
Clearly, BushCo and the Wingnutosphere are still operating in a Pre 8/08 mindset! Get with the program boys, or get replaced.
President Andrew Jackson: “Marshall has made his decision, now let him enforce it.”
President George W. Bush: “Fuck her!”
Oh MSNBC has a poll up about the decision, go vote!
Yes, this is truly great news in what’s already been a great week for the good fight!
As I told Weeder downthread a ways, I adopted my FDL nym in protest of Bushco’s unAmerican activities. I’m thinking that perhaps now I should change it to “In Need of Surveillance in Buscho’s View or Not, Warrantless Spying on American Citizens is Unconstitutional!”. . .even if it is a tad wordy.
Way to judge, Judge!
The only thing I’ve been disappointed about so far is that no one seems to float the Keith case as a S.Ct state secrets v. exec immunities/privilege case. Still, I’d be worried about being a journalist like Priest or Risen right now.
The Ninth Cir is already in motion on the ATT case and the 6th cir is going to be up next with Judge Diggs case. Neither are super friendly to the citizen in the inevitable citizen & Constitution v. Executive and lawbreaking confrontation coming - but let’s just hope for the best.
This leaves Judge Ellis’ AIPAC/Espionage ruling as the next route for the anti-Constituion pro-Lawbreaking AG and his dept.
Time to intimidate some journalists - after all, if they hadn’t put the stories out, Judges Walker and DIggs wouldn’t have had so much to work with.
twolf1 @ 20
Did someone drop a Momento in their coke?
Mary for now @ 27
…or maybe a Joemento
I can’t understand why FDL isn’t covering the real news of the day, JonBenet’s “killer’s” arrest!
/thanks, Redd, for an island of sanity, dosed with “what really matters” amidst this TradMed insanity on CableNotNews today!
Old Sow @ 17
those cluster bombs were precisely the munitions that Israel had run out of and that the Bush Admin was rushing expedited shipment to get over there …
The Lebanese know this …
Kurt @ 26
vote here
Mary for now @ 27
I forget …
Imperch I say, Imperch!
Mother’s Day is August 22 around here
(that’s when the kids go back to school)
I’m gonna miss the little devils’ morning adventures
For Charlie Brown fans here is a link to his great new ad. Is Doolittle corrupt or ineffective? Listen, see the web site and vote.
Kurt @
25
http://www.msnbc.msn.com/id/14394523/
have at it comRADs . . .
JWR @ 22
places fingers in ears while dancing the I-can’t- hear-you-dance and singing loudly lalalalalalalalaaaaaaa!
(referring to Justice Dpt, not JWR)
what’s this about our presnit being a criminal ???
wonder how long it’s gonna take the repuglicans to remember “It’s about the LAW”
cuz it sure wasn’t about a blow job, was it ???
so if Clinton wasn’t impeached for a blow job, what WAS Clinton impeached for
if it was just cuz repuglicans didn’t like Clinton, then what is bush crying about ???
Damn…I was just getting used to the clicking noises on all my phone calls.
(of course, I know you wouldn’t hear any clicking while they listen these days; I’m just thinking about the old days when wiretapping at least gave you a sporting chance!)
I couldn’t help myself.
my apologies EPU but I had to share.
From the last thread.
Bustednuckles says
August 17th, 2006 at 12:23 pm*
Evil Parallel Universe @ 161
Mary - I think she went a little further. I read the opinion and took out of it - writ large - that neither the president NOR any law is above the constitution, and that is the starting point.
EPU, I believe you have just been EPU’d.
CNN - tony snow released statement. Doj Will seek stay and appeal.
weeder @ 37
JWR @ 22
Whew. Scared me for a minute there. :p
CNN - The U.S. Department of Justice has announced that it will appeal a federal judge’s ruling that the government’s warrantless wiretapping program is unconstitutional.
H Reid has a statement released too but I couldn’t type that fast
This decision is headed straight to the supremes. If they don’t affirm, we will have officially become a fascist state.
Now we get to see how the packed supreme court will treat the constitution.
Will they roll over for the unitary executive and buy into that “we are at war” crap.
We are now positioned in the middle of a civil war kicked off by our presence.
Time long passed to get us out of others’ wars…
Google “failure” (quick, before somebody fixes it).
old sow #17
glad to see you feel that way too — i’m sad that 100 senators & 98% of our representatives voted to smother any debate on our foreign policy
DOJ:
we believe the program is lawful
except for the part where there is no law that authorizes it
and protects civil liberties
as long as we don’t have to include the ones in the Bill of Rights.
THIS is exactly why the Bush adminsitration is a failed effort in Iraq. If you take one of the greatest democracies on the face of the earth and completely confiscate and corrupt its Dept of Justice to supporting totalitarian attacks on the Bill of RIghts, the Courts and COngress—- that does not exactly make you the “go to” guys for establishing a “liberal democracy” to overcome the ME radical fundamentalists.
George Wahabi Bush.
lotus @ 45
this bomb has been in place for 5 years . . . i doubt it is gonna go anywhere!!
Kurt @ 23
Wingnuttia is of course already calling this “Democrat appointed judge sides with terrorists”. Can’t we just euthanize those fukkers?
Someone has to step up to design and mass market a ’self-rapture’ kit. I think that’s the kindest way.
Boy, it will be interesting to see how this plays out with the congress. Just one more nice solid nudge to get their butts out of the Bush camp.
Bush will probably be wondering why the courts don’t appreciate all that he has done for them.
Like previous court decisions, I don’t expect the Bush government to abide by this. While many of us feel Bush should clearly be impeached for any number of reasons, I wonder if continuing the domestic surveillance in open defiance of this ruling could make the illegal government too obvious to ignore?
I suspect we’re still months away from real accounting, putting us well past the election. But there’s always hope—after all it took months and months and months for the Watergate scandal to evolve.
Justice Department says it will appeal judge’s decision
oh lotus, for SHAME!
tee-hee
lotus @ 45
LMAO!
Hastert’s already calling on Congressional Dems to join in and find a legislative remedy.
Hmmm, let’s see. Retroactively make criminal activities by elected officials legal and proper.
And the precedent gets used by….
I love the history lessons Judge Taylor gives us in her opinion. And her reiteration of the clear and firm requirements of the Fourth Amendment is like salve on a wound, after listening to the endless butchering of the intent of our Founders, and the clear law of the land, by the likes of Arlen Specter. This nation IS unique - and a lot of Americans are relearning just how fundamental the freedoms of the “powerless” in this country really are, thanks to our Founders and their wisdom as expressed and preserved in our Constitution.
Congress needs to get into the act, at long, long last, to ensure that this invisible program is visibly terminated, should no stay be issued.
Thanks, Senator Feingold for being so quick on the draw in response. And talk about a clear and compelling case for impeachment proceedings, should this decision stand…
Some of my friends called Arkansas Democratic Senator Mark Pryor’s office today and asked why he insists on rebuking the Democratic party by backing non-Democrat Joe Lieberman. His staff is giving the same tired spiel of blah-blah, friends, etc. Basically, Pryor and the other Dems are going their merry maverick way because….because they can. Why doesn’t Harry Reid show some backbone and stand up to these renegades? It’s past time!
tried to take a nap in anticipation of the night shift ahead - NOT! way too excited to miss a chance at hearing CHS on this
my favorite part in the Opinion PDF released
“CLOSED”
IANAL, but from all learned here, it really looks like Her Honor left zero wiggle room on anything - “direct or indirect” - it’s as if she knew where Abu and the other traitorous bastards would go if she left anything dangling
from my 1/2 a thimble full of legal knowledge, it also looks pretty damn appellate proof - guess we’ll see what tortured ass, contorted gobbledygook they bring - am actually kinda counting on that - thinking even Scalia thinks too much of his shit to stoop to Yoo’s amateurish dreck
OMG - how can the terrorist not win if DOJ is reduced to “only” being authorized to wiretap people where
a)there is no reasonable grounds to believe that a crime has been or will be committed, but they person may no a foreigner; and
b)they can go ahead and listen for 72 hours while deciding to even ask for that “hey, there’s no reason to think this guy is involved with a crime of any kind, but he may be in contact with an Israeli” warrant.
WOe is woe.
FIVE FREAKING YEARS to ask for legislation and operate under it.
Evil creeps.
Dumb (ianal) question here. Can the administration have an appeal in this case without a stay?
OT - Thinkprogress
Now, even the administration admits this rosy scenario is becoming less likely by the day.
gbear @ 50
707
Does anyone know if the Dems will be removing Lieberman from his committee positions and whatnot? I heard some talk about it right when he lost and that was about it.
puppethead @ 51
All I can say hope is - more laws broken, longer sentence.
This is a permanent injunction, right? Doesn’t that mean that they have to stop spying on us until the appeal is heard? And won’t BushCo blame future attacks on this Democrat-appointed judge, since they’ve got no legal Plan B to fallback on?
Eureka Springs, AR @ 59
IANAL, but she said STOP!
Oh, and Arlen?
Quit licking your balls,thats disgusting.
I decided to take the time to read the decision, and I have to say that Judge Taylor takes a decidedly dim view of what this administration has done – she repeatedly reminded that the president is a creation of the very Constitution that has been violated.
Her closing delivers the most powerful punch, in my opinion. She quotes Justice Warren, writing in US v Robel:
Have to say that reading this made me feel like a patriot, and exposed in a particularly succinct way the administration’s utter disdain for the Constitution and the rule of law.
This indeed was a victory for the nation.
sorry, more OT - MoveOn.org petition RNC to withdraw support for Sen. Allen.
http://political.moveon.org/withdrawallen/
karen allen - See my comment on the Arkansas response from the last thread.
http://www.firedoglake.com/200.....ent-248330
CT Bob @ 40
Beat me to it! LOL
Bustednuckles — BWAH!!
Which reminded me about the old joke: Why does Specter lick…
Yeah. Because.
So, do the NSA guys at the phone company reading my e-mail have to stop doing so, or does the appeal render the injunction entirely moot for the time being?
Yes. My understanding is that they are going to do two things.
First, ask Judge Diggs to stay the effect of her order injoining the program while they go up on appeal. Apparently, the Plaintiffs have voluntarily agreed to a stay of the injunction for the period of time it will take Gov to get in front of Judge Diggs and argue their request.
Second, they are going to appeal her ruling. Now, if she doesn’t give them what they want on the stay, they may immediately request that the appellate court stay and it could do that as well.
I have to say, with such a strong opinion on the violations of law and of the Fourth Amendment (and First, but 4th especially) I think you have to go through some substantial contortions to say, “ok, well, you are breaking the law and violating the Constitution as we speak, but what the heck, keep going while you appeal”
I don’t see it - I think she’s going to say - you’ve got FISA, use it.
I don’t know what the 6th will say. Bush has put on half something like half the current judges in the Sixth (including one of my law profs).
Perennial dinkweed and whiner in chief about ‘partisan politcs’ Orrin Hatch has just re-affirmed the Bush/Cheney/Coulter/Lieberman talking point that Al Qaeda is cheering for a Democratic win in November.
So in other words, the US should allow Al Qaeda to determine who we vote for.
Why does Orrin Hatch take his talking points from Osama Bin Laden.
-GSD
Does this ruling give honest, patriotic employees of the NSA (and other agencies that have implemented other programs at Abu’s behest) the right to say “No” to their bosses if asked to spy without a warrant today? In the face of this injunction, can’t employees cite it in reporting supervisorial requests to the Inspector General? If evidence comes to light that the NSA continued the program henceforth, what penalties could the judge levy? Could we see Hayden’s NSA successor held in contempt? Or AG Abu G? Negroponte?
I’d like to point out the East German Secret Police, aka the Stasi, operated “legally”. There’s a big difference between legal and what we consider a free society.
Eureka Springs: Mentor or not, what Pryor is doing is joining an effort to fragment the Democratic party. It’s wrong.
JWR @ 72
I don’t think the email reading part of the program is necessarily stayed.
DefJef @ 45
Exactly.
karen allen @ 77
Pre-primary, we were willing to excuse these rationalizations from people like Senator Boxer who cited their “long friendship with and loyalty to” RGJoe. Sorry, Pryor, that dog won’t hunt. Resign your VC-DSCC job now or be pilloried (metaphorically).
Old Sow, you still here?
LindaR @ 79
Thanks, Gang of Fourteen!
Looks like that cloture-on-Alito vote was the whole enchilada, after all!
Re: Orrin Hatch…
Gosh, you’d think with such an uncanny ability to divine the thoughts of al Qaeda, all of these visionaries could do a decidedly better job of bringing them under control, wouldn’t you?
But maybe that’s just application of the imagination that was so sorely lacking in the months leading up to 9/11, even in the face of PDB’s with pretty obvious titles, like, “Bin Laden Determined to Strike in U.S.”
Sickening.
Al-Qaeda is cheering for the Republicans - no one hates the US Constitution quite as much as Islamic Fundamentalists and Republicans.
OT to make you laugh- Some nice George Allen snark.
Pryor is entitled to any loyalties, friendships, whatever, that he wants, as an individual. However, he is a sitting member of the Democratic Senatoral Campaign Committee. If he feels he must at all costs support Lieberman, then he should do the right thing and resign from the DSCC.
NYT now has its Taylor-ruling story up.
Someone needs to just quote Bush back to Hatch:
Ok, you’ve covered your ass, you can go home now.
Saw this announced on another site earlier. I wshouldn’t have been but I was surprised by the number of bush cultist who believe this illegal spying had something to do with ‘cracking’ the london bomb plots.
karen allen @ 57
Maybe the not-a-democrat tactic won’t work on these guys, but the handing-the-Republicans-everything-they-need-to-campaign-against-all-Dems might.
Mary - This got EPU’d (i.e. me’d)
I think she went a little further. I read the opinion and took out of it - writ large - that neither the president NOR any law is above the constitution, and that is the starting point.
karen allen @ 76
Absolutely and thank you, Karen. *g*
oh Anne, definitely putting that one in my talking points quiver - poifect!
I am disturbed by Pryors choice of mentor!
Karen Allen and Eureka Springs -
loosely related comment on this - bottom of last thread
EPU,
see # 40.
I see. Thank you.
James Otis concurs
When Bush, Gonzales, et al say things like
“We can’t do our jobs without the power to ignore the Constitution,”
why don’t Democrats say
“So you admit you are incompetent; why don’t you resign?”
Bustednuckles @ 41
I’m not sure how that is going further than what I said, but I agree with it.
I was answering on the datamining where she went along with state secrets, and where I think the 4th is not implicated in quite the same fashion.
She and Walton are leaving a bit up in the air, though, what happens with State Secrets when you have a claim of govt lawbreaking. They both dodged a bit by talking about existing public disclosures vis a vis “secret”.
I’m still holding out for the fact that you can not invoke privilege to cover lawbreaking, and that the Keith case stands for that proposition - they did file affidavits to keep the info secret in Keith, meeting, as best I can tell, the three prongs of Reynolds. There was no series of NYT articles that prompted Keith to rule against the invocation, though. It was, IMO, a pretty clear decision and confirmed by the Sup Ct that the maxim “the President is not above the law” includes the concept that Presidential privilege cannot be invoked to escape the reach of the law. fwiw
Abu blathering on CNN.
Gonzales talking ’bout ruling on TV now (CNN)
Abu says: but our lawyers say it’s OK !
Abu taking questions.
*ilson46201 @ 103
Up is Down
War is Peace
Unconstitutional is Constitutional
M4n, based on your extremely helpful expanations so far, it sounds as though her reasoning really agrees with Feingold’s Censure motion?
Follow up - by saying that the 4th is not implicated in quite the same way — I am not saying that I think her dismissal supports the notion that the program is legal.
I think she is saying - you guys have to abide by the Constitution and to the extent that Congress passes laws that, per Youngstown’s analysis on separation of powers and reach of Congress, are Constitutional, you have to follow them too. If you aren’t on data mining, I don’t know enough yet to know. You’ve invoked state secrets and I’ll give you the benefit of the doubt on your need to keep the program secret, but I’m telling you — lights out means no flashlights under the covers. If you MAKE ME come in there, it won’t be pretty.
abu - “president is doing what he believes in necessary to protect the country. within the constitution”
She and
WaltonWalker —I keep doing it.
That decision was delightful. No. No. It was brilliant. No, no, no, no. There is no word to describe its perfection, so I am forced to make one up. And I’m going to do so right now. Scrumtrilescent.
LindaR @ 99
Or, perhaps, as Judge Diggs Taylor pointed out, “Without the Constitution, you would not have a job.”
twolf1 @ 107
or rather, “within his interpretation of the constitution”
I hate when my tinfoil hat starts making that crinkly sound. Incumbents disregarding party lines, republicans disregarding party lines, executive branch disregarding rule of law despite public butt-smacking, possibility of supreme court disregarding rule of law.
Just waiting for Grand Moff Tarkin to pull over my ambassadorial vessel and tell me what happened to the senate.
The Hatch/Goebbels Talking Points.
Mr. Hatch, was Al Qaeda emboldened by the ALL Republican Congress and Senate and Whitehouse on 9/11?
Why are you allowing the wishes of Osama Bin Laden to determine American elections?
Mr. Hatch, does your head cave in when you take a shit?
http://www.sltrib.com/utah/ci_4194186
-GSD
-GSD
Mary - I was referring to the fact that you mentioned the Preznit was not above the law as enacted by Congress as the meaning of her decision. I really thought she went farther than that, that the starting point isn’t the law enacted by Congress, b/c a law duly enacted by congress and signed by the Preznit stating the Preznit can violate the 4th amendment would still be violative of Constitutional protections.
If you meant that, then I misinterpreted what you were saying.
See Jack Balkin (Yale Law) analysis:
http://balkin.blogspot.com/200.....n-nsa.html
By the way, I could use FDL’ers help with a blog article I’m working on. If you have 5 or so minutes to spare, please check out my blog for the details. Thanks in advance :)
Bull.
Gonzales’ testimony consisted of whining that the applications for warrants are thick and, like being President, hard work.
What someone NEEDS to say when Gonzales whines, “but OUR lawyers say…” is
THEN FIRE THEM AND HIRE SOMEONE COMPETENT
Mr. Hatch,
By claiming that Al Qaeda is hoping or a Democratic Congress in order to attack America then you must admit that Al Qaeda was aware of the Republican Congress when they attacked the USS Cole and the African Embassies and the barracks in Saudi Arabia?
-GSD