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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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...one of the left-wing groups has direct ties to Senator Patrick Leahy (D-VT)...

How long, Americans; how long are we going to put up with this disgusting and antagonistic treason and treachery?

Our congress is a filthy joke filled with gonadless "moderates," leftists, socialist/communists who don't give a damn about Americans' future just for today's posturing before C-Span cameras to an empty peanut gallery and building up their empire of staffers!

1 posted on 02/18/2006 5:31:03 AM PST by FerdieMurphy
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To: FerdieMurphy
"Our congress is a filthy joke filled with gonadless "moderates," leftists, socialist/communists who don't give a damn about Americans' future just for today's posturing before C-Span cameras to an empty peanut gallery and building up their empire of staffers!"


What, exactly, would you suggest we do about it?

Write letters?

Make phone calls?

Send faxes?

Vote them out?

Start a revolution?






2 posted on 02/18/2006 5:39:58 AM PST by G.Mason (Duty, Honor, Country)
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To: FerdieMurphy

Well isn't that special?

And when NYC goes up in mushroom cloud, who will we have to thank?


3 posted on 02/18/2006 5:40:02 AM PST by tomahawk (Proud to be an enemy of Islam)
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To: G.Mason
Well, let me see.

I've done 1, 2, and 3. They're in for life because of our entrenchment system. They're a pack of traitorous dogs (with a few exceptions, of course)....

I guess it's time to start a revolution!

4 posted on 02/18/2006 5:49:10 AM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: G.Mason
Ii vote for #5.

Lock and load!

5 posted on 02/18/2006 5:51:47 AM PST by basil (Exercise your Second Amendment--buy another gun today!)
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To: G.Mason; Howlin

Few choices, eh?


6 posted on 02/18/2006 5:57:13 AM PST by Robert A Cook PE (I can only donate monthly, but Hillary's ABBCNNBCBS continue to lie every day!)
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To: FerdieMurphy
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.

I say they should definitely respond within the 20 day time period allotted.

That response should take the following form:
"Request denied."

7 posted on 02/18/2006 5:57:36 AM PST by Bloody Sam Roberts (Crime cannot be tolerated. Criminals thrive on the indulgences of society's understanding.)
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To: FerdieMurphy

A stay will be ordered as this is bumped up as the Judge was acting beyond his pay grade.


8 posted on 02/18/2006 5:59:27 AM PST by Semper Paratus
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To: FerdieMurphy
We have tinpot judges who think they run the country. They have no fear of the law.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

9 posted on 02/18/2006 6:00:13 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: FerdieMurphy

I would be nice if we all played for the same team here. What are people thinking to give away national security?


10 posted on 02/18/2006 6:01:31 AM PST by tioga (Speaking out from the god-foresaken frozen tundra of the land of the hildebeast.)
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To: FerdieMurphy
I love the bit about "an unelected judge;" what elected official classified these documents in the first place?

The AUMF was only a 'kind-of' declaration of war; given the attention span of Congress, it must surely be past its sell-by date by now. But even in war, the president isn't the King of America.

11 posted on 02/18/2006 6:03:01 AM PST by Grut
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To: tioga
We obsess over Cheney's hunting accident and whether terrorists should be notified they are under surveillance. Yep and never mind the real fires out there in the world. There are trivial things that demand our attention.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie. Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

12 posted on 02/18/2006 6:04:27 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Bloody Sam Roberts; FerdieMurphy

I once supervised a FOIA Office for a Navy Command. This decision is only the first step in the legal process. I am sure the Justice Department will respond and if necessary appeal any adverse decision. One of the exceptions to release under FOIA is classified information. If the information is classified properly, it will never see the light of day. 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.


13 posted on 02/18/2006 6:05:48 AM PST by GeorgefromGeorgia
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To: FerdieMurphy

You can count on the fact these documents will not be handed over on the basis of one federal judge. This will go all the way to the supreme court if necessary.


14 posted on 02/18/2006 6:07:23 AM PST by Casloy
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To: tomahawk
And when NYC goes up in mushroom cloud, who will we have to thank?

Uhhh? All the commie rat liberals that infest NYC?

15 posted on 02/18/2006 6:07:53 AM PST by trickyricky
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To: Grut
what elected official classified these documents in the first place?

Uhh, let us see, how about, just to pick one, George Bush.

16 posted on 02/18/2006 6:12:38 AM PST by AndyJackson
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To: basil
#6 Get a Rope!

Sura 9:5 of the “Koran,” “Slay the idolaters muslimes wherever you find them, and take them captives and besiege them and lie in wait for them in every ambush.”

Kill A Commie For Mommie
Seven Dead Monkeys Page O Tunes

17 posted on 02/18/2006 6:18:01 AM PST by rawcatslyentist ("If it's brown, drink it down. If it's black, send it back" -Homers guide to drinking in Springfield)
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To: trickyricky

It is going to take another 9-11 to wake some folks up and even then I don't think they will get it.

The DUers are already setting their peabrained stage for it - if Iran shoots something off, it is our fault (well, our President's fault) for antagonizing them.

Sometimes I just can't stand it, and I am nearly 60 and lived in base housing at Eglin AFB during the Cuban missile crisis and all the fun years that surrounded it. I thought I had been about as stressed as I could possibly be, but boy was I wrong!

Lived in NYC in the 60s and went to school there, and glad I did not settle there permanently. It is a rathole of liberialism and life in the middle of the ocuntry (even tho the coasts think we don't exist) is definitely sweeter.


18 posted on 02/18/2006 6:20:02 AM PST by SusaninOhio
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To: Semper Paratus

Exactly. This will be appealed to the Supreme Court, if necessary, BEFORE the federal government releases secret documents.


19 posted on 02/18/2006 6:20:38 AM PST by NoControllingLegalAuthority
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To: FerdieMurphy

US District Judge Henry Kennedy.....Clinton appointee 1997

20 posted on 02/18/2006 6:23:21 AM PST by afnamvet
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