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Federal Judge rules NSA surveillance unconstitutional!
ABC Radio News | 8/17/2006 | ABC Radio News

Posted on 08/17/2006 9:06:43 AM PDT by sinkspur

A federal district judge in Detroit has ruled that the Bush administration's NSA surveillance of phone conversations is unconstitutional.


TOPICS: Breaking News; Crime/Corruption; War on Terror
KEYWORDS: aclu; aclulist; activistcourts; activistjudge; annadiggstaylor; carterappointee; carterlegacy; counterterrorism; dumbassdonkruling; goodgrief; goodruling; govwatch; gramsci; impeach; itsoverjohnny; judgislators; judicialjihad; judicialtyranny; judiciary; libertarians; mysharia; nationalsecurity; nsa; ruling; spying; thankyoujimmycarter; tyrantsinblackrobes; wot
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To: xeno

Does that mean that they couldn't "interfere" even with a warrant? I haven't had a chance to read the ruling yet.


281 posted on 08/17/2006 11:55:50 AM PDT by letsgonova19087
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To: RustMartialis

You're a paranoid libertarian idiot! Read the whole ruling and don't address me again.


282 posted on 08/17/2006 11:56:09 AM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: sinkspur

Detroit...aweful close to Dearbornistan.


283 posted on 08/17/2006 11:57:15 AM PDT by BJClinton (What happens on Free Republic, stays on Google.)
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To: jrooney

Cool. I hadn't seen that. Do you have a cite?


284 posted on 08/17/2006 11:57:19 AM PDT by atlaw
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To: xeno

The intelligence of this judge is not surprising, since she was appointed by Carter.


285 posted on 08/17/2006 11:58:06 AM PDT by jrooney ( Hold your cards close.)
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To: antiRepublicrat
Given the FBI files case, do you really think that's all she'd be intercepting?

Of course not, and I didn't imply that I did.

I would not object to any reasonable pursuit of terrorist activity by any administration, and I would object to any abuses for political or personal reasons.

The idea that you must support both or oppose both is absurd. Recognizing the legitimate national security reasons that the interception of international phone calls is acceptable does not mean that you can not object to abuses of that same power.

286 posted on 08/17/2006 11:59:09 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: letsgonova19087
First of all, if they are listening to the calls of known terrorists, why not get a warrant to do so? Secondly, if this matter is of such immediacy that obtaining a warrant is not feasible, why not have Congress debate on the matter and forge a new law (or amend and existing one) that makes the process legit through oversight? You see, when a president (of any political affiliation) decides to take things like this upon themselves without oversight, it makes me nervous. And please, don't resort to name calling by referring to me as "stupid." I doubt very seriously if Bill Clinton was doing this same thing you would support it... I know I wouldn't.

As for the rights I had on 9-10-01 that I don't have today... well that's just the problem, I HAVE NO IDEA. Guess what, neither do you, unless you happen to work in the NSA. We have no idea what this administration is doing to "protect us." You have no idea what may or may not result in you being questioned, detained or spied upon by the government. The Patriot Act is not even the real problem here. At least Patriot is defined and has oversight. We have to get a handle on this administration before it's too late and they pass the torch to someone else.

Let me be clear... I don't think Bush is an evil man. I don't think Bush is trying to do anything other than protect the American public. However, these powers aren't just going to disappear once he leaves office... they will pass down to his successor. Considering his current approval rating, I'd say that successor is likely to be either a moderate Republican or (more likely) a Democrat. Do you really want Hillary Clinton or someone like Al Gore to have this power?
287 posted on 08/17/2006 11:59:42 AM PDT by Fjord
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To: atlaw
I will try and find the intial article talking about it. I know TIME reported it and it has been hinted about by commentators and reporters but allot of information is still under wraps because of the ongoing investigation looking for more accomplices.
288 posted on 08/17/2006 12:01:45 PM PDT by jrooney ( Hold your cards close.)
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To: Clump

"Either you are extremely naive, or you have an agenda that is so warped that it is more important than our safety."

What did Jefferson have to say about 'trading a little liberty'?

If the Gov't wants to change FISA, change FISA. Don't break the law because you don't like it. This Gov't simply has no respect for law or the Constitution. And people who are all 'i'm okay with that' simply shame their forebears who fought and died to secure those rights.

The Office of the President is a *creation* of the Constitution, he swears to *defend* it, not 'break it if I think it's ok'.

--R.



289 posted on 08/17/2006 12:01:54 PM PDT by RustMartialis
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To: hipaatwo

Found the part that you posted in 219

Contrary to Defendants’ arguments, the court is persuaded that Plaintiffs are able to establish a prima facie case based solely on Defendants’ public admissions regarding the TSP. Plaintiffs’ declarations establish that their communications would be monitored under the TSP.7 Further,
Plaintiffs have shown that because of the existence of the TSP, they have suffered a real and concrete harm. Plaintiffs’ declarations state undisputedly that they are stifled in their ability to vigorously conduct research, interact with sources, talk with clients and, in the case of the attorney
Plaintiffs, uphold their oath of providing effective and ethical representation of their clients.8 In
addition, Plaintiffs have the additional injury of incurring substantial travel expenses as a result of
having to travel and meet with clients and others relevant to their cases. Therefore, the court finds
that Plaintiffs need no additional facts to establish a prima facie case for any of their claims
questioning the legality of the TSP.


290 posted on 08/17/2006 12:02:22 PM PDT by Mo1 (Bolton- "No one has explained how you negotiate a ceasefire with terrorists")
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To: atlaw
" I don't recall any warrantless wiretaps by the NSA being involved in the British investigation. Do you have a cite for that?"

I've heard and read various news sources that indicate that the initial lead on the plot was gotten by an intercept out of Pakistan by our intel. We then tipped off the Brits and they penetrated the cell.

291 posted on 08/17/2006 12:03:53 PM PDT by KoRn
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To: hipaatwo
What does that mean?

Granted .. I'm not a lawyer .. but my take is they knew their case was weak and wanted the Court use other judement then just the law

292 posted on 08/17/2006 12:03:57 PM PDT by Mo1 (Bolton- "No one has explained how you negotiate a ceasefire with terrorists")
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To: letsgonova19087

Ohh, Ohh, I know...I KNOW!....(raising hand)
We as liberals are no longer allowed to think rationally thanks to BDS and are rendered as useful as teets on a Bull.
Vote for us!
/sarc


293 posted on 08/17/2006 12:04:36 PM PDT by JerseyDvl ("If you attack Americans, we'll defend your right to do it."- The Democrat Party)
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To: RustMartialis

The president of the US has war time powers that can not be touched by anyone including the SCOTUS. These poweres go back since the inception of our union.


294 posted on 08/17/2006 12:04:43 PM PDT by jrooney ( Hold your cards close.)
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To: Fjord; All

"Secondly, if this matter is of such immediacy that obtaining a warrant is not feasible, why not have Congress debate on the matter and forge a new law (or amend and existing one) that makes the process legit through oversight?"

What kind of law and what kind of oversight are you referring to?


295 posted on 08/17/2006 12:04:56 PM PDT by letsgonova19087
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To: tobyhill

"You're a paranoid libertarian idiot! Read the whole ruling and don't address me again."

And you're a ignorant coward who dislikes being corrected. I have read the whole ruling, hence I knew you were wrong. If you'd read the ruling before you posted the first time, you need some serious remedial reading lessons.

Oh, you also clearly have no respect for the Constitution.

--R.






296 posted on 08/17/2006 12:05:27 PM PDT by RustMartialis
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To: jrooney

"The president of the US has war time powers that can not be touched by anyone including the SCOTUS. These poweres go back since the inception of our union."

Yes, they're spelled out in the Constitution. The one that charges him to 'faithfully execute the laws', including FISA, and to 'preserve, protect and defend the Constitution'.

Nowhere does Article II give him the power to ignore either the laws or the Constitution when he feels like it.

--R.


297 posted on 08/17/2006 12:09:13 PM PDT by RustMartialis
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To: jrooney

Has Congress issued a formal declaration of war? I mean, since WWII?


298 posted on 08/17/2006 12:12:10 PM PDT by Fjord
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To: RustMartialis

Are you a lawyer? If so, what are your credentials and where did you receive your degree and where do you practice?


299 posted on 08/17/2006 12:12:49 PM PDT by jrooney ( Hold your cards close.)
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To: RustMartialis

Lincoln's suspension of Habeus Corpus (sp?) and FDR's Japanese internment camps...were these really within the bounds of the constitution?


300 posted on 08/17/2006 12:12:51 PM PDT by letsgonova19087
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