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JUDGE TURNING OVER TOP SECRET NSA FILES TO LIBERAL GROUP
Sierra Times ^ | 2/18/2006 | Jim Kouri, CPP

Posted on 02/18/2006 5:31:00 AM PST by FerdieMurphy

On Thursday, a federal judge decided that Americans' safety and security takes a back-seat to a left-wing groups' right to view and promulgate top secret National Security Agency documents relating to the terrorism surveillance program.

In this case, one of the left-wing groups has direct ties to Senator Patrick Leahy (D-VT), who was forced to step down from his perch on the Senate Intelligence Committee in 1987 over allegations he leaked classified information to news reporters.

Just one lawyer wearing black robes has usurped the authority of the Commander-in-Chief to wage war as he believes it should be waged. As a result of this decision, the US Justice Department is ordered to respond within 20 days to requests by a civil liberties group for documents about President George W. Bush's NSA surveillance program.

The ruling is being heralded by the news media as "a victory for the Electronic Privacy Information Center," which sued the Justice Department under the Freedom of Information Act in seeking the release of classified documents. In other words, an unelected lawyer is using the FIOA to divulge the information gathered during a war to a left-wing group of lawyers, college professors and antiwar activists who will make they documents public. By public, I mean releasing classified information to everyone including terrorists, insurgents, international gangsters and other assorted misfits.

US District Judge Henry Kennedy ordered the department to finish processing the group's requests and produce or identify all records within 20 days.

"Given the great public and media attention that the government's warrantless surveillance program has garnered and the recent hearings before the Senate Judiciary Committee, the public interest is particularly well served by the timely release of the requested documents," Judge Kennedy brazenly pontificated from on high as he sat in a courtroom far from the battlefield. Appointment to the federal bench suddenly made this lawyer an expert in warfare, intelligence, counterterrorism and homeland security. Amazing what a black robe can do for the intellect. Put it on and -- voila! -- you're an intellectual giant.

However, Kennedy did say that the Justice Department could give the left-wingers an index of the documents and a declaration stating why the documents should be withheld within 30 days. Hopefully, the left-wingers will end up with a list and an empty file folder.

David Sobel, the group's general counsel, said, "The court's opinion vindicates the public's right to know about an extremely invasive and potentially illegal government program." Since he has not received access documents regarding the NSA spy program, it boggles the mind how Sobel knows the program is invasive, unless he believes any spy program is invasive. Most clear-thinking Americans have no problem in using a program that's invasive to terrorist organizations and cells.

Anthony Romero, executive director of the American Civil Liberties Union, which filed a similar lawsuit, said, "Now the Justice Department must turn over documents showing the extent of the ... warrantless domestic surveillance program." I can go on for hours about why the ACLU is a pack of disingenuous troublemakers, but suffice it to say that Mr. Romero's use of the word "domestic" is misleading and he knows it.

These groups argued that the Department of Justice played a key role in authorizing, implementing and overseeing the program, which involves surveillance by the National Security Agency.

The records sought by the group -- and ordered released by the judge -- include an audit of the program, a "checklist" guide used to determine whether an individual's phone or e-mail messages could be monitored, documents showing how information gleaned through eavesdropping had been used, and other legal opinions about the program.

The program, adopted by President Bush after the September 11 attacks, allows the monitoring of international communications into and out of the United States of persons linked to Al-Qaeda or related terrorist groups. The President is authorized by the war powers provisions in the US Constitution and the September 14, 2001 Congressional Resolution that gave President Bush the power to wage war against terrorists.

Part of waging war includes tactical intelligence gathering, as opposed to strategic intelligence gathering. We are witnessing how slowly but surely judges are being allowed to undermine the authority of the current president to wage and win a war.

Judge Henry Kennedy was appointed federal judge by none other than President William Jefferson Clinton. Prior to that he served in a number of positions, including Assistant US Attorney under another liberal president -- Jimmy "at least Hamas isn't corrupt" Carter. To say that Judge Kennedy is a liberal is the epitome of understatement. He's a favorite judge of the ACLU, the Center for Constitutional Rights -- which is trying to get suspected terrorists and enemy combatants released -- and other leftist organizations.

The group, the Electronic Privacy Information Center, or EPIC, brought the case before a judge they knew they could rely on to comply with their requests for documents. The executive director of EPIC is Marc Rotenberg, who served as counsel to Senator Patrick Leahy. Another EPIC honcho is Dave Sobel, who's made a name for himself fighting the Patriot Act. He's also affiliated with the left-wing magazine The Nation and is working to assist terrorists being detained by the military to have access to the US justice system. Another staff member, H. Kate Rears calls herself a "radical, militant librarian," although I have no idea what that entails unless she means she throws books at conservatives.

These liberal-left groups, many Democrat politicians (and some Republicans, as well), the news media and others are filling the American people's heads with garbage. I've got a news flash for the overwhelming majority of US citizens: the federal government doesn't care what you say on your telephone or what you write in your e-mail. Trust me, please. They just don't care. You have more to fear from unelected, leftist judges who believe the US Constitution says whatever they wish it to say, than from a President who in three years will be playing golf and riding bikes in Crawford, Texas. Just think, nine unelected lawyers wearing black robes decided the lives of 45 million unborn babies could be extinguished. No American president has ever killed that many people -- born or unborn.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Extended News; Government; News/Current Events; Politics/Elections; US: Vermont; War on Terror
KEYWORDS: 109th; aclu; clintonjudges; clintonlegacy; henrykennedy; homelandsecurity; judge; leahy; lousycongress; nsa; traitorleahy; traitoroussenators
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To: G.Mason

Yes, I think your on to something. We need to make a lot of noise, by whatever means, and let the Justice Department know that the American people don't want this information released. We are allowing this to happen. While we are all discussing it, these people are using the courts to win their battles. There needs to be national outrage through all available media that we are not going to allow these liberal judges to jeopardize the safety of the American people.


21 posted on 02/18/2006 6:24:39 AM PST by rirepublican
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To: GeorgefromGeorgia
"Unfortunately, this could lead to more people (with clearances) learning about the classified information during the litigation. If one of them leaks (a felony) that could be a problem."

I agree.. Classified documents are not a civil judges area to rule on.
As for the people leaking this information, Well treason in the time of war is punishable by death and this would include any reporter breaking this information !
If it's a classified level, It's not for public discloser, plain and simple.
22 posted on 02/18/2006 6:26:06 AM PST by Tinman73 (Human nature requires We forget the terrible things We see. A truly intelligent person remembers it)
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To: AndyJackson
Uhh, let us see, how about, just to pick one, George Bush.

Nope. Bush is a couple of levels above whoever classified 'em and that "whoever" was almost certainly some civil servant who was hired. If Bush 'classified' the information, then the elected officials who ultimately provided for the appointment of the judge 'declassified' it.

23 posted on 02/18/2006 6:27:25 AM PST by Grut
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To: Bloody Sam Roberts
I agree and I also believe that is what will happen, albeit phrased differently. I think it safe to say that if the government invokes national security as a reason to not release the documents in question, there is literally no chance they will be released.
24 posted on 02/18/2006 6:38:41 AM PST by Eagles Talon IV
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To: Grut
I think the president has the sole authority to determine who can classify and declassify documents. But because an individual has been given authority to classify does not necessarily mean he has the authority to declassify. No harm can be down by the former while much harm can be done by the latter.
25 posted on 02/18/2006 6:42:42 AM PST by Eagles Talon IV
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To: FerdieMurphy
Unbelievable!

...I take it back. This is very believable. These lunatics won't be happy until they are back in full control and could care less there is a war going on or if America is crushed by Islam. As far as they are concerned, it was all orchestrated and made up by George Bush anyway.

Loons, one and all. But very dangerous loons...

26 posted on 02/18/2006 6:46:32 AM PST by Gritty (Muslims think they can issue decrees… Who do they think they are, liberals? – Ann Coulter)
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To: All

Judge Kennedy needs to go on "the big list"


27 posted on 02/18/2006 6:47:57 AM PST by rbmillerjr
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To: FerdieMurphy

BTTT

Ping for later read.


28 posted on 02/18/2006 6:54:42 AM PST by HighlyOpinionated (In Memory of Crockett Nicolas, hit and run in the prime of his Cocker Spaniel life, 9/3/05.)
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To: Eagles Talon IV
No harm can be [done] by the former...

Au contraire, excessive secrecy is the death of popular government. If we don't know what the government's doing, we can't vote sensibly.

29 posted on 02/18/2006 6:54:49 AM PST by Grut
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To: FerdieMurphy
Hope this gets appealed.
30 posted on 02/18/2006 6:57:12 AM PST by AmericaUnite
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To: Casloy
This will go all the way to the supreme court if necessary.

The Supreme Court has no power to compel their release.

31 posted on 02/18/2006 7:01:00 AM PST by Stentor
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To: Grut
...we can't vote sensibly.

Sensibly?

Sensibly?

We are always torn between the lesser of two evils. It doesn't matter if it's a congressrat, governor or whatever. When we vote the Party line (which I have done for eons) we end up with a pontificating "moderate" imbecile. The Congress is full of those types.

We may be sensible, but those for whom we're voting are, by and large, not so.

Turning over Top Secret documents to some leftist "Friends of Patrick Leahy" can only be termed "playing into the hands of our enemies!"

32 posted on 02/18/2006 7:01:29 AM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: Grut

I was speaking in the context of the WOT and the lesser of 2 evils. To release secret information inappropriately could be devastating and cost a huge number of lives. To classify something needlessly is excessive secrecy as you say but would hardly present the same danger.


33 posted on 02/18/2006 7:01:57 AM PST by Eagles Talon IV
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To: AmericaUnite

Wonder what percentage of Americans will get the opportunity to read this as posted here?


34 posted on 02/18/2006 7:02:11 AM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: FerdieMurphy; sure_fine

This is TREASON.

Duly charge, try, convict, sentence and execute. Now.


35 posted on 02/18/2006 7:02:27 AM PST by butternut_squash_bisque (Borders, Language, Culture™)
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To: afnamvet

A Maxine Waters Communist!


36 posted on 02/18/2006 7:03:15 AM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: butternut_squash_bisque

If only.


37 posted on 02/18/2006 7:05:06 AM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: FerdieMurphy

One of many.


38 posted on 02/18/2006 7:06:09 AM PST by afnamvet
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To: Stentor

No, but don't they have the power to block their release?


39 posted on 02/18/2006 7:06:19 AM PST by Casloy
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To: Casloy
No, but don't they have the power to block their release?

If you mean the power to stifle the Clinton appointed asswipe, then yes.

40 posted on 02/18/2006 7:08:55 AM PST by Stentor
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