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A judicial hit piece
Washington TImes ^ | 8/21/06 | Editorial

Posted on 08/21/2006 4:36:16 AM PDT by Laverne

There is poor reasoning, and then there is head-spinningly, jaw-droppingly poor reasoning. U.S. District Judge Anna Diggs Taylor's angry 44-page ruling against NSA terrorism surveillance is the latter, and constitutes little more than a political stunt, with ever-so-helpful declarations like "There are no hereditary Kings in America and no powers not created by the Constitution." The American Civil Liberties Union forum-shopped this lawsuit, handed it to a reliably left-liberal Jimmy Carter appointee in Detroit and got its desired result.

(Excerpt) Read more at washtimes.com ...


TOPICS: Editorial; News/Current Events
KEYWORDS: annadiggstaylor; detroit; judicairy; newfallujah; nsa; ripeforreversal; ruling; spying
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Another piece on the ridiculous ruling of Judge Taylor's ruling in favor of the ACLU against NSA.
1 posted on 08/21/2006 4:36:17 AM PDT by Laverne
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To: Laverne
"There are no hereditary Kings in America and no powers not created by the Constitution."

I wonder how many actual federally-usurped powers this Carterite has voted to uphold over the years? Liberals whine about the executive assuming powers to fight enemies but have no problem with widespread federal powers when it suits their agenda.

2 posted on 08/21/2006 4:38:21 AM PDT by dirtboy (This tagline has been photoshopped)
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To: Laverne
"I wouldn't accept this utterly unsupported, constitutionally and logically bankrupt collection of musings from a first-year law student, much less a new lawyer at my firm," wrote Brian Cunningham, a lawyer who served under both the Clinton and Bush administrations.

Ouch.
3 posted on 08/21/2006 4:41:44 AM PDT by 1rudeboy
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To: Laverne
These are the types of judges we will get, when the 'true conservatives' punish all of us by staying home and letting the RATS get elected. Bon Appetite!
4 posted on 08/21/2006 4:45:06 AM PDT by AmericaUnited
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To: All
Did I forget to mention that "it doesn't matter who you vote for, since there's not a dimes worth of difference between the parties" ? No /sarcasm
5 posted on 08/21/2006 4:47:02 AM PDT by AmericaUnited
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To: Laverne

Related.....

http://exposingtheleft.blogspot.com/2006/08/nsa-wiretapping-decision.html


6 posted on 08/21/2006 4:48:10 AM PDT by traderrob6
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To: Laverne
"There are no hereditary Kings in America and no powers not created by the Constitution."

Just can't help wondering if that all includes "emanations" and "penumbras"...

7 posted on 08/21/2006 4:50:23 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: Publius6961

Yes, I was thinking that as well. I'm glad to see that the legal community, mostly, is trashing the judge's decision. I believe there is a hearing scheduled on 7 September for the appeal.


8 posted on 08/21/2006 4:54:39 AM PDT by Laverne
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To: 1rudeboy

"Logical Poverty" That one will be stored in my comeback
file.


9 posted on 08/21/2006 4:56:11 AM PDT by SAWTEX
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To: Laverne

The Dems/MSM take on the ruling: Fake but accurate.


10 posted on 08/21/2006 4:58:49 AM PDT by Loyal Buckeye
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To: Laverne
Act II Anna Diggs Taylor, the Musical
Reprise: I Filed a New Trial Motion
Tune: I Second that Emotion

(Enter, Stage Right, the AG)
Maybe you’d like terrorists in our streets
But I don’t want a 9/11 repeat
Maybe you’d throw away a tapped phone call,
But the smart money says your decision’s gonna fall
Oh little girl

Chorus

In this case, right from the start
“Standing” is a charming term of art
And if you feel like doubtin’ me
’Mongst all this commotion,
I’ve made a new trial motion

Maybe you think Hezbollah runs Motown
Since you owe your job to that Carter clown.
Maybe you think this isn’t a good tool,
And so it makes you want to break the rules
Oh little girl

Chorus: In this case, experts want no part
Your reasoning's gonna fall apart
And if you feel like doubtin’ me
’Mongst all this commotion,
I’ve made a new trial motion
So, if you feel like doubtin’ me
With no compunction,
I sought out an injunction.

Yes, it's the New Motown sound---doubtless, this case is destined for (giggle)the Supremes.

Gosh, this stuff just writes itself...

11 posted on 08/21/2006 5:05:12 AM PDT by MaggieCarta (DFU, Weird Al Yankovic , Rob Long and Paul S. wannabe)
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To: stephenjohnbanker

See Post 11 - Another "hit" to send to your lawyer friends. I can't stop this.


12 posted on 08/21/2006 5:23:31 AM PDT by MaggieCarta (DFU, Weird Al Yankovic , Rob Long and Paul S. wannabe)
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To: Laverne

13 posted on 08/21/2006 5:25:58 AM PDT by Gritty (If you can't question their patriotism when they want to lose a war, when can you? - Mark Steyn)
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To: dirtboy

Since there are no powers not created by the Constitution, ya just gotta wonder where the judiciary got the authority to overturn actions of the executive.


14 posted on 08/21/2006 5:27:14 AM PDT by Mr. Lucky
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To: AmericaUnited; P-Marlowe; blue-duncan; jude24

Actually, what I can find constitutionally suspect is our acceptance of a process that allows a lower court judge to declare acts of Congress and the President "unconstitutional."

The 3 branches of the government are not some nameless Legislative, Executive, and Judicial....they are Congress, The President, and the Supreme Court.

Can we assume that a 3rd tier congressional liason office can pass national legislation just because it's attached by some umbilical cord to Congress? ("Hi, JQ Taxpayer, but we regret to inform you that the "Policy and Plans Division of the Congressional Budget Office" has determined we need more money so the staff voted to increase TAXES on every single American by a vote of 7-5.") The people would rise in revolt over such a thing.

District and Appeals Courts must be put in their place.

Congress & the President should remove from them any right to rule on the acts of Congress or the President. That should be a prerogative ONLY of the Supreme Court.


15 posted on 08/21/2006 5:41:42 AM PDT by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
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To: dirtboy

I was thinking the same thing this weekend, after watching Clooney's pathetic "Syriana" movie.

The libs created this federal monster despite conservative warnings. They had no problems surrendering our civil liberties and privacy when it came to taxing the masses to feed the monster, assigning everyone in the country a number for their Ponzi retirement scheme, or decimating the greatest healthcare system in the world by giving the government a major role. They tax and regulate business to death, and then are shocked that business leaders get involved in governance. Suddenly, after 50 years of deficit spending, now that they're out of power, balancing the budget is important.

Their whining is pathetic. They made the monster, and even today they resist any attempt to dismantle it. If the government ever turns on the people, or gets taken over by a radical executive, as sad as that may be, the libs will deserve everything they get. And, since they won't be armed, they'll not be able to do anything about it.


16 posted on 08/21/2006 5:43:08 AM PDT by CertainInalienableRights
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To: Publius6961
no powers not created by the Constitution."

That has got to be the oddest statement I have ever heard anyone in the legal community make.
17 posted on 08/21/2006 5:47:41 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: Laverne
It looks increasingly like this episode will end up damaging the anti-surveillance crowd's prospects. If this was the best result forum-shopping could produce, it only serves to reinforce the notion that opponents of NSA surveillance stand on far shakier legal ground than they admit.

It just shows how stupid and desperate the liberal idiots at the ACLU are. It also points out the kind of judges you get when you have a retard president like Peanuts Carter.

18 posted on 08/21/2006 5:49:20 AM PDT by Bullish ( The pig headed monkeys of Islam can kiss my grits!)
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To: xzins

"Can we assume that a 3rd tier congressional liason office can pass national legislation just because it's attached by some umbilical cord to Congress? ("Hi, JQ Taxpayer, but we regret to inform you that the "Policy and Plans Division of the Congressional Budget Office" has determined we need more money so the staff voted to increase TAXES on every single American by a vote of 7-5.") The people would rise in revolt over such a thing."

Actually, yes...if you do not think so ask yourself, who writes all those regulations that can send folk to the poor house, regulate you property into worthless state, or take your property away....regulators in a host of minor bureaus and offices.

Faceless bureaucrats have as much or more power than do obscure judges for we can find and demonize specific hack judges....try that with the EPA.


19 posted on 08/21/2006 1:38:51 PM PDT by Jim Verdolini (We had it all, but the RINOs stalked the land and everything they touched was as dung and ashes!)
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To: Jim Verdolini
While I agree that the interpretations, implementations, and regulations that bureaucrats write do have an impact on "how" America gets taxed/administered, I don't agree that these offices can create NEW taxes/laws.

By the same token, some tier 3 judge shouldn't be able to overrule the actions of a tier one branch of government. Why not just overrule the Supreme Court?

20 posted on 08/21/2006 2:09:11 PM PDT by xzins (Retired Army Chaplain and proud of it! Supporting our troops means praying for them to WIN!)
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