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.
There was a headline on Yahoo yesterday that said, "Judge orders NSA Program stopped".
1st they look for a compliant judge.
2nd they looked for an agrieved party in that jurisdiction so that they have standing.
With national issues such as this, they have every Fed Dist Judge in the country to choose from so long as they meet #2
How exactly does she figure that? It's that kind of liberal that drives me crazy. They say the stupidest most ignorant things, and can't ever back it up with fact or defend it. Just lots of radical emotionally unstable comments said out or irrationality and emotional rage with no basis in reality or fact. I've seen the kind of country the liberals would make America into if left unchecked, and it's WORSE than having no country at all. No thanks, I'll take what the GOP does with the country. At least in that America, I can live where I want, how I want, school my children where I choose, raise them how we see fit, arm myself, and teach them the truth of this country and it's origins, God's Word, and how to defend themselves. Can't do any of that in the America the liberals would create.
He's chilled. The gov't may be listening. Word.
I laughed at that too. I don't know where Vn_survivor_67-68 found that, but I wish Rush would talk about that on the air.
Warrantless? **sigh** What complete and total willing ignorance on the law, the Constitution, and the NSA program. And they're not too stupid to know the truth, they just ignore the reality of ther Constitution that they don't like.
...a moment of clarity for that judge...
Those who filed this case (w/o standing, quite frankly) are nothing more than collaborators with sworn enemies who went Judge shopping..
They supposedly represent journalists and scholars claiming they "can't do their work" if they can't communicate with known and suspected terrorists.
Yet where is the ACLU and CAIR when it comes to protecting Christians and our troops rights when they stand accused of war crimes , usually drummed up and reported by terrorists and their sympathizers.
"Their work" is nothing more than working to disrupt the war on terror and overthrow the rule of law and, in so doing, this nation, one of the few able to wage the fight and win if allowed to do so.
Man, do we live in warped times or what?
And the truth comes out. Civil War traitors and Japanese and German spies were executed with no trials, but no one wants to talk about that. FDR did FAR more than the liberals are accusing Bush of doing, and liberals don't want to talk about that.
That's what I mean.
I'm just surprised it didn't say "...NSA Pogrom"
Hehehehehe. True. :)
Yes, FDR even gave orders to open and read personal mail during war time. Can you imagine the stink if that happened now?
If there in not another attack -- it's Bush fault for using "fear tactics", if there is another attack Bush is imcompetant -- can't win in the MSM no matter what.
I was at my neighbor's grandsons Bday party. I promised my neighbor to never talk politics w/her family. I had to respect that promise. Like I said though, fortunately that woman doesn't vote.
Oops..missed your post. Apologies, CC. Good to see you, as always...
Thanks. I don't know which is scarier. That it's happening like that, or that the Liberals are so stupid they don't know that they're entertaining the vehicle of their destruction if they get their way. It's like the cannibals and the stupid half of the local bumpkins that take the cannibals in, fighting together against the smart locals, for the cannibals right to exist among them. And apon winning, defeating the smart ones who don't want to be on the menu, the stupid locals are suddenly the buffet. It's beyond stupidity and a total lack of any foresight.
No problem.
If it goes full arguments, possibly until early next year. If summary judgement would be granted (the opinion is clearly wrong on its face as a matter of law), it could be a couple of months. Possibly before the elections. Either way it'll go to the Supremes and the whole process won't be finished for a year...
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