Posted on 12/22/2005 5:48:55 AM PST by Hatboro Mike
James Robertson had criticized the Guantanamo Bay detention center. He quit the spy court to protest secret wiretaps.
A federal judge who quit the nation's secret spy court in protest over the Bush administration's covert domestic wiretaps has been one of the judiciary's most active and feisty critics of the Guantanamo Bay detention center in Cuba, where hundreds of foreigners have been held for years without charges.
U.S. District Judge James Robertson, 67, resigned as one of 11 members of the Foreign Intelligence Surveillance Court. An aide to Robertson told the Associated Press that the resignation letter submitted to Chief Justice John G. Roberts Jr. was not being released.
Nevertheless, Robertson remains on the federal bench and is expected to issue another ruling in a Guantanamo case this week.
The spy court is perhaps the most secretive in America, created by the Foreign Intelligence Surveillance Act. It reviews U.S. government requests for eavesdropping to gather intelligence on suspected U.S. enemies. Last year, according to a report to Congress, it received 1,758 warrant requests - and approved all but four.
President Bush set off a political firestorm Saturday by confirming a New York Times story that he had secretly authorized eavesdropping on U.S-foreign calls and some e-mail without seeking warrants, as part of a National Security Agency program to gather intelligence on al-Qaeda.
Administration officials cited the need for "agility" in bypassing the FISA court - despite their ability to obtain warrants after the fact. The Senate Judiciary Committee is calling hearings to examine Bush's assertion that his war powers permitted him to authorize the eavesdropping program, which he did more than 30 times.
"Apparently Judge Robertson did not want to aid and abet criminal NSA electronic surveillance," the New York Center for Constitutional Rights said in a statement. The center has alleged for four years that Bush has been overstepping his war powers in his Guantanamo and enemy-combatant practices.
Robertson was unrelenting in his criticism of the administration when he shut down the Pentagon-created Guantanamo war-crimes court a year ago in a 45-page opinion that accused the White House of using a pick-and-choose approach on prisoner-of-war policies.
"The government has asserted a position starkly different from the positions and behavior of the United States in previous conflicts," he wrote, "one that can only weaken the United States' own ability to demand application of the Geneva Conventions to Americans captured during armed conflicts abroad."
On Nov. 8, 2004, Robertson issued a restraining order against the Pentagon's military commission accusing Salim Hamdan of Yemen of war crimes for serving as Osama bin Laden's driver.
Robertson, appointed to the federal bench by President Bill Clinton in 1994 and to the FISA court by Chief Justice William H. Rehnquist in 2002, has repeatedly bristled at the government's exercise of war powers since the Sept. 11, 2001, attacks.
Duke University law professor Scott Silliman called Robertson one of the judiciary's leading critics of Bush's war powers. "He feels strongly that the rule of law must pertain to some of these cases," Silliman said.
Knight Ridder is the poor-man's NYT. Leftist scum is leftist scum, take nothing printed in a KR rag as truth.
I wish they would stop citing the Geneva Convention. Terrorists do not have the same protections and I believe that has been well-established.
Frankly, the leftist lean of KR makes the subtle inferences I get from this article even more interesting.
In other words, we're better off with him having departed.
You are correct. A judge is supposed to interpret the law, not interject personal feelings into the matter. This isn't a case being presented to him which warrants a ruling. He did everyone good by resigning.
agreed
I'm surprised Knight-Ridder gave the low-down on Robertson... he was a 'daisy-darlin' on the MSM news last night.
http://www.washingtonpost.com/wp-dyn/articles/A34519-2004Nov8.html
He is more concerned about rights for terrorists than the safety of Americans.
Glad to see the judge go. Good riddance to a liberal judge.
Actually, the Dims and MSM lit off the firestorm - Bush only responded to their treasonous act.
"Apparently Judge Robertson did not want to aid and abet criminal NSA electronic surveillance," the New York Center for Constitutional Rights said in a statement. The center has alleged for four years that Bush has been overstepping his war powers in his Guantanamo and enemy-combatant practices.
Robertson was unrelenting in his criticism of the administration when he shut down the Pentagon-created Guantanamo war-crimes court a year ago in a 45-page opinion that accused the White House of using a pick-and-choose approach on prisoner-of-war policies.
And Chief Justice Roberts overturned much of Roberton's piffle.
"Anti-American liberal judge"
As I understand it, when it came to dropping charges against the Klintoon organization, this judge had a whole different perspective on justice. Of course, he was appointed by BJ himself, so that would explain a lot.
Tin Foil Hat Time (TFHT) -
I believe it's possible that the reason this judge resigned is because HE is the source of the intel leaks (foreign detention centers, NSA monitoring) and he knows that an investigation will soon lead back to him.
Someone is at the crossroad where this top level intel has moved. This Liberal judge has been frustrated in his attempts to undermine the Bush administration, and has chosen to take steps outside the legal process to bring things to a halt.
Just my $.02
Andrea 'Greenspan' last night, showcased Robertsons grandstanding as if it were an act-of-courage. None of the MSM made any mention of the info in this WaPo article. I found this interesting:
"Even the Viet Cong, who were farmers by day and fighters at night, were accorded that status,"
The Viet Cong HAD POLITICAL IDENTITY... they were NOT just terrorists.
He's old enough to retire; not resign.
Finally, the FBI will be able to get what it needs from the court. Good riddance to a very bad piece of trash judge!
Just another old fart that nobody pays attention to demanding attention because he's just another old fart that nobody pays attention to.....
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