Judge orders end to NSA wiretapping

baltimoresun.com ^ | August 17, 2006 | Sarah Karush

[neverdem]

Associated Press

Government's warrantless spying found to violate free speech, privacy rights

DETROIT -- A federal judge ruled today that the government's warrantless wiretapping program is unconstitutional and ordered an immediate halt to it.

U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy.

The American Civil Liberties Union filed the lawsuit on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which involves secretly taping conversations between people in the U.S. and people in other countries.

The government argued that the program is well within the president's authority, but said proving that would require revealing state secrets.

[ndt]

"what court has the authority to issue a warrant that is valid outside of the United States and its territories?"

You don't need a warrant for purely foreign eavesdropping. Thats not what I'm concerned about.

[lugsoul]

They don't even have to wait. FISA allows them to wiretap before getting the warrant.

[lugsoul]

Yes. The people should rise up and fight to give the Federal government even more power over them.

[mware]

These calls where coming from overseas.

Are you aware that we used this system to help the Brits break up the plot in London???

[mware]

There is a strong anti-civil rights streak around here these days

You can't have any civil rights if you are dead.

[mware]

Funny part is you'd expect the Clinton News Network to be all over this, but the only one I've seen mention it so far is Fox News.

Mo Joe's poll numbers just went up another 10 points.

[CertainInalienableRights]

You can't have any civil rights if you are dead.

A point missed by several on this thread.

[pw2000]

I guess that days of Patrick henry are gone!

[mware]

UPDATE: This from the Justice Department: "The parties have also agreed to a stay of the injunction until the District Court can hear the Department's motion for a stay pending appeal."

[ndt]

"You can't have any civil rights if you are dead."

The road to hell is paved with good intentions.

The is a difference between sacrificing convenience and sacrificing an inalienable right. If you sacrifice rights, you never thought they were inalienable in the first place as was made very clear in the founding documents of this country.

And yes, the Constitution is a death pact. If if we are not willing to stand by it till the end, it's not worth the paper it was written on.

[mware]

Oh I stand by the Constitution. This judge over reached bigtime in her ruling.

[pw2000]

Well said ndt. The terrorists win everytime we huddle like sheep for our physical survival and give up our rights and our freedoms in exchange.

[lepton]

You don't need a warrant for purely foreign eavesdropping. Thats not what I'm concerned about.

You're apparently concerned that the phone calls of foreign agents, located outside of the United States are not protected when they call people within the bounds of the United States.

You may somehow not be aware, but when even domestic phone-tap warrants are given, they don't specify all of the participants in the calls to be monitored. In that case, and the previous case, if ANY of the participants of the call can be monitored, the calls can be monitored.

[Iconoclast2]

Gee, I wish I could sue the Government every time it violated the legal rights of SOMEONE ELSE and indirectly made my life more difficult. Under all the rules applicable to cases not prosecuted by the Commies, I wouldn't have STANDING to bring the suit.

[Jacquerie]

And who says history does not repeat itself?

The claim that NSA cannot collect intel from foreigners reminds me of FDR's Sec of State Cordell Hull on the eve of Pearl Harbor who declared that gentlemen do not open the mail of other gentlemen.

Signal intelligence is essential. To not listen to overseas communications in time of war is criminal.

[MEGoody]

Oops. Thanks for the correction.

[MEGoody]

Thanks for the correction.

[Jacquerie]

You just made WhiteGuy's argument for him. The argument for going to FISA is to limit the power of Bill/Hill types of presidents.

Hillary had access to almost a thousand raw FBI files. As a practical matter she was above the law then and likely will be in the future, no matter what any laws says.

[ndt]

"You may somehow not be aware, but when even domestic phone-tap warrants are given, they don't specify all of the participants in the calls to be monitored."

In the case of the domestic tap, there was a warrant in the first place. In the case of the foreign calls, there was no warrant since it was not needed, but once a U.S. person becomes involved that ceases to be the case. As far as our government goes, U.S. persons are a treated differently than foreign ones.

[Chuck54]

"You forgot the sarcasm tag. That remark is dripping, I mean dripping."

Ya think! I long for the good old days on FR, when people were bright enough to get IT!

That remark was so dripping with sarcasm my feet were wet when I got up to leave my computer. :)

I too was a bit surprised more people didn't see through it immediately.