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.
Yeah nice huh? It is good having all our enemies in one place. The ACLU is now the most recent w***e for Islamo-Fascist Terrorists in the U.S.. No big surprise really. The ACLU will service anyone that leaves some bills on the dresser
...Oh sure, "judge shopping". But, you know judges can't be bought...
However, they can be rented.
You are so right!
Went there. What a resume. And what a wimp, saying that he is inhibited from talking with his family and friends.
Radical liberals and American haters all.
ROFL! Are you series? Every time I think the libs can't get any more ridiculous...
But in the neanwhile we will be hearing that "Bush has been dealt a serious blow." And "Bush's illigal domestic eavesdropping ordered stopped" kind of BS until this is straightened out. Any bets on when that will be?
Boy you sure got that right.
Abdrabboh is a state employee. Taxpayers support this guy. Now wonder the plaintiffs picked Michigan. Good gad.
Is his family is living in a cave with Osama?
One of my favorite movies is "The Untouchables" with Kevin Costner. At one point, the judge ordered the jury be traded for a jury of another case, because the jury had all been bought. None of the jurors were listening to testimony and ignored evidence, including a list of officials who were on Capone's money dole.
When Ness was asked what he said to the judge to get him to do that, he replied, "I told his name was on the list."
GOD BLESS RUSH...for getting the word out...these people should and will be exposed for the terrorists they are.
From Deb Schussel Site, this is Rush's reference:
http://www.debbieschlussel.com/columns/column101503.shtml
Mohammed Abdrabboh - the attorney for individuals accused of illegally funneling over $53 million cash to Yemen, in 2002; his law firm represents an accused Al-Qaeda money launderer, a convicted Hezbollah arms smuggler, and Middle Easterners charged with "conspiracy to import listed chemicals," harboring illegal aliens, visa fraud, etc.
I'm welcome!
Just other excuse to get Bush.
Depends on what threats are lurking that the government knows about. If there are threats, it will move quickly.
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