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Judge orders NSA spy papers released
CNN ^

Posted on 02/16/2006 11:23:39 AM PST by hipaatwo

A federal judge dealt a setback to the Bush administration on its warrantless surveillance program, ordering the Justice Department on Thursday to release documents about the highly classified effort within 20 days or compile a list of what it is withholding.

U.S. District Judge Henry Kennedy said a private group will suffer irreparable harm if the documents it has been seeking since December are not processed promptly under the Freedom of Information Act.

The Justice Department failed to meet the time restraints under FOIA and failed to make a case that it was impractical to deal quickly with the request by the Electronic Privacy Information Center.

Justice Department spokesman Charles Miller said no determination has been made as to what the government's next step will be.

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


TOPICS: Breaking News; News/Current Events; War on Terror
KEYWORDS: aclu; foia; henrykennedy; judgehenrykennedy; kennedy; nsa; patriotleak; spying; surveillance; treason
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To: Mr. Brightside

Does national security mean anything to these people? I mean, the Federal government does have a responsibility to see that its citizens don't get killed by terrorists.


41 posted on 02/16/2006 11:44:58 AM PST by popdonnelly
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To: eyespysomething

That was the same thing I wondered...the name ROSE just kinda stuck out, didn't it??


42 posted on 02/16/2006 11:45:48 AM PST by Txsleuth
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To: hipaatwo

Federal Judges officially back Al Queda and should be impeached.

no private party is "harmed" by this program. rubbish. rubbish!!!!


43 posted on 02/16/2006 11:45:49 AM PST by omega4179 (minutemanproject)
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To: hipaatwo
NSA: Ok judge, here you go:




*Snicker*

44 posted on 02/16/2006 11:46:49 AM PST by demlosers (Kerry: "Impeach Bush, filibuster Alito, withdraw from Iraq, send U235 to Iran, elect me President!")
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To: conservative physics

That was President Jackson.


45 posted on 02/16/2006 11:47:31 AM PST by Borges
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To: K-oneTexas

Couldn't they have just sent Sandy Berger in to steal the documents?


46 posted on 02/16/2006 11:47:57 AM PST by popdonnelly
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To: demlosers

Good one!


47 posted on 02/16/2006 11:48:37 AM PST by hipaatwo
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To: K-oneTexas
Thanks for that, saved me having to look it up. Looks like EPIC will get it's "state secret" answer a bit later.

The case doesn't stand for the proposition of WHAT is to be released, only WHEN. Plenty of FOIA requests are answered with a "we can't tell you that."

48 posted on 02/16/2006 11:48:37 AM PST by Cboldt
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To: demlosers

LOL...


49 posted on 02/16/2006 11:49:37 AM PST by Txsleuth
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Comment #50 Removed by Moderator

To: <1/1,000,000th%

Have we released all the papers on the Kennedy assassination, which were being held out of sensitivity to the family?


51 posted on 02/16/2006 11:49:42 AM PST by w1andsodidwe (Jimmy Carter allowed radical Islam to get a foothold in Iran.)
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To: hipaatwo
Now we're fighting wars via the courts?!?!?  Outrage!  The judiciary joins the legislature in a p!$$ing contest against the Executive branch.  Sorry, but the Executive wields the power in fighting wars -- Commander in Chief, remember?  They'd better go to the Supreme Court and get this overturned.
52 posted on 02/16/2006 11:49:53 AM PST by Pirate21 (The liberal media are as sheep clearing the path along which they will be lead to the slaughter.)
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To: omega4179
When are people going to wake up and realize this is a WAR.

people you are at war with have NO CONSTITUTIONAL RIGHTS.

basically the liberals are saying that the President has the power to nuke a city of millions anytime he wants.. but he can't wiretap their phone calls without a warrant!
53 posted on 02/16/2006 11:50:05 AM PST by conservative physics
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To: hipaatwo

This is a separation of powers issue.

They should never have appeared in court in the first place. It only made it seem as if the court were the arbiter.

The proper answer would be:

NO.


54 posted on 02/16/2006 11:50:29 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: conservative physics; Borges
While there is some debate as to whether or not Jackson actually said it, the phrase attributed to him is

"John Marshall has made his decision, now let him enforce it."

55 posted on 02/16/2006 11:51:15 AM PST by COEXERJ145 (Pat Buchanan lost a family member in the holocaust. The man fell out of a guard tower.)
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To: COEXERJ145

It should be noted that in the case Jackson was reffering to (a broken treaty with indians) he was in the wrong. I hate when people cite that quote as a symbol of anything poisitive.


56 posted on 02/16/2006 11:52:25 AM PST by Borges
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To: COEXERJ145

thanks for the correction.


57 posted on 02/16/2006 11:52:31 AM PST by conservative physics
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To: hipaatwo

ping


58 posted on 02/16/2006 11:52:37 AM PST by Chicos_Bail_Bonds
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To: hipaatwo

We've found another Al-Qaeda cell and it is, again, in our judicial system.


59 posted on 02/16/2006 11:53:09 AM PST by caisson71
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To: hipaatwo
Yes, the ACLU suit was merged with the EPIC one.

From the decision:

Setup:
In response to this news, EPIC submitted four FOIA requests that same day to four DOJ
components—the Office of the Attorney General (“OAG”), the Office of Intelligence Policy and Review (“OIPR”), the Office of Legal Counsel (“OLC”), and the Office of Legal Policy (“OLP”)—citing the New York Times article and requesting records “from September 11, 2001 to the present concerning a presidential order or directive authorizing the National Security Agency (‘NSA’), or any other component of the intelligence community, to conduct domestic surveillance without the prior authorization of the Foreign Intelligence Surveillance Court (‘FISC’).”

EPIC specifically sought the following items:
(1) an audit of NSA domestic surveillance activities;
(2) guidance or a “checklist” to help decide whether probable cause exists to monitor an individual’s communications;
(3) communications concerning the use of information obtained through NSA domestic surveillance as the basis for DOJ surveillance applications to the FISC;
and
(4) legal memoranda, opinions or statements concerning increased domestic surveillance, including one authored by John C. Yoo shortly after September 11, 2001 discussing the potential for warrantless use of enhanced electronic surveillance techniques.

No reference to 'who' would be harmed, just implied, I guess, that it is in the publics interest since that's what FOIA requests are about.

60 posted on 02/16/2006 11:54:33 AM PST by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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