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.
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds."
~~ Samuel Adams
Maybe it's time for another brush fire?
And I'm not kidding.
An Armed Citizen, Is A Safe Citizen!
The Second Amendment...
America's Only Homeland Security!
Be Ever Vigilant!
"The Second Amendment ... America's Only Homeland Security!" ... for those of us that will use it as intended ... there is no misinterpretation of the meaning. Not for me, anyway.
I must have dyslexia...as I thought you said...the judge was acting in a gay parade.
Sorry to say....I'm not that certain.
A person with a security clearance cannot even be forced to testify if uncleared people are listening.
This is why actual prosecutions and convictions for unauthorized disclosure of classified information are so rare. You must prove that it is deliberate and that actual damage to national security occurred. Failure to handle classified information in accordance with administrative procedures is subject to administrative sanctions, but has to fall into the gross negligence category before a criminal prosecution could occur.
Agency orders and classification guides, approved by the Secretary of the agency, classify the material. The office does not classify the material but merely marks the material appropriately according to the categorization of the information contained therein. If damage to national security would occur, but there is no guide saying that it is classified, then it is not classified until you apply to the agnecy and the approriate authorities declare the information classified, and the classification guides are appropriately ammended. Obviously it is handled carefully until the determination is made.
Agreed. See reply #13.
"Is this so-called judge Teddy Kennedy's love child?"
Hardly likely. No, make that totally impossible. Liberal the Judge may be, and lacking in judgement, also. But probably not one person in his family drowns blondes in ponds, has killed them self skiing into a tree while playing football, wrecked a perfectly functional plane and killed all aboard, ad nauseam.
The judge is just a hyper-Liberal. That's bad enough.
Thanks Smartass. Seems like he should be prosecuted but what do I know!!
The unlikely remedy, would be to jail members of the ACLU and district court judges for the duration of the war on terror! Both are after all, aiding and abetting our enemies. It would sure put a stop to all of this BS.
No government can fight a war like this, with continuous interference by a subversive group, coupled with the help of left-wing liberal judges. The ACLU purposely files court cases, in district courts friendly to their cause, fully knowing that their case will be assigned to a judge that will rule in their favor.
I know. Sometimes all this stuff gets me down and I think maybe I should go back to my painting and sewing, lol.
Also, the case is appeal able!
Resumption of war . . .
Thanks for the long forgotten reminder.
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