Posted on 08/18/2006 8:47:18 AM PDT by MNJohnnie
A couple of articles why the NSA ruling by the Carter Appointee is so much garbage.
http://levin.nationalreview.com/
By Mark Levin
Judge Not
Are there no limits to which activist judges won’t go to advance their political and policy agendas? Answer: No. I wrote an entire book about it. And U.S. District Judge Anna Diggs Taylor, appointed in the twilight of the Carter administration, is the latest in a long list of disgraceful lawyers who abuse their power.
There are four things that strike me most about Taylor’s opinion. First, she grants standing to such plaintiffs as the ACLU, CAIR, Greenpeace, National Association of Criminal Defense Lawyers, Christopher Hitchens, and others, without a shred of information showing any connection between the plaintiffs’ assertions of constitutional violations and any harm to them. However, Taylor reveals herself in this excerpt from her ruling:
… [T]he court need not speculate upon the kind of activity the Plaintiffs want to engage in – they want to engage in conversations with individuals abroad without fear that their First Amendment rights are being infringed upon. Therefore, this court concludes that Plaintiffs have satisfied the requirement of alleging “actual or threatened injury” as a result of Defendants’ conduct
Taylor writes later:
Although this court is persuaded that Plaintiffs have alleged sufficient injury to establish standing, it is important to note that if the court were to deny standing based on the unsubstantiated minor distinctions drawn by Defendants, the President’s action in warrantless wiretapping, in contravention of FISA, Title III, and the First and Fourth Amendments, would be immunized from judicial scrutiny. …
In other words, if Taylor had ruled properly and found that the Plaintiffs had no standing to bring their lawsuit, she would have denied herself the ability to strike down the NSA intercept program by throwing out the lawsuit.
Second, Taylor fails to address adequately that which has been debated here and elsewhere for months, i.e., the president’s inherent constitutional powers as commander-in-chief, and the long line of court cases (and historical evidence) related to it.
Third, in many places, the opinion reads like a political screed.
Fourth, Taylor insists on the immediate implementation of her decision, meaning that the NSA must stop intercepting enemy communications at this very moment, unless it succeeds in getting judicial relief elsewhere.
The ACLU et al have won the day, as they often do these days when they take their agenda to our courts. Forum shopping works. The judiciary does not.
The opinion is here. (H/T: Andy McCarthy)
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."
UPDATE II: Just to be clear, Taylor ruled that the president/NSA violated the FISA, Title III, the First and Fourth Amendments, and the Separation of Powers doctrine.
Full speed ahead Rush - end the week with a bang!!
Awwwwww. I love critters.
Is that DU Headquarters?
The Senate. Our very own House of Lords.
I hope the Founding Fathers are spinning.
Hmmmm The Leaker Jay Rockefeller pokes his head out again.
Surgery? must be completed -- ya right.
That's true. But I can't wait for OCT. I need a fishing fix at least once a week. Once the water temp gets down to the low 70's it's more l;ike 3-4x a week untill deer season.
Amen, I wish all of those Liberals would leave, the USA would be a much better place without them.
Thanks.
I'll be shocked if the 6th circuit doesn't drop kick this ruling back to the dump it came from.
Here..late!
Thanks for thread..ping.
Carpetbagging, traitorous jerk.
Thats him in a nut shell.
And that title in NOT a typo....
IIRC five District courts have already given it the OK
The Dems don't need no steenking facts!
Rushbo:
I can't think of one thing that these people have offered to protect the American people!
The democrat/liberals in this country have emboldened the enemy
let's turn it around:
How, if you wanted to embolden the enemy, how would you have done it differently
Do you feel more protected with this (democratic) judge's decision?
Do you feel safer?
Listening to these pinheads,
These glittering jewels of the democratic party?
To say nothing of travelling the world with Chelsea during her breaks from college.
Remember India because Chelsea loved chicken tandoori, and assorted other junkets that we all paid for while they abused their power.
Plus....the RedSox vs. Yankees starts at 1:05PM.
decisions...decisions....
But until then, the Dems can take it in the shorts for aiding and abetting the bad guys.
This decision and the comments the Dems have been making will make a great series of campaign infomercials.
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