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RUSH LIMBAUGH LIVE THREAD FRIDAY AUGUST 18, 2006
Rush Limbaugh.com ^

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.


TOPICS: Extended News; News/Current Events
KEYWORDS: annadiggstaylor; rushlimbaugh; talkradio
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To: OldFriend
Sen. Lautenberg's aide said that the senator wants the wiretapping to be more balanced.

HUH? So what, do it like the mess at the airport? We are suppose to have a quota system? Track a number of white males and grandmas and kids to be "Fair"? Simply unbelievable.

561 posted on 08/18/2006 12:07:20 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: bwteim

I think I remember him saying he lived in the mountains.


562 posted on 08/18/2006 12:07:28 PM PDT by Roccus
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To: varmintxer

Never called while I was listening.

Hey Rush, page him on the show!!!


563 posted on 08/18/2006 12:09:41 PM PDT by Roccus
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To: TexasPatriot8

564 posted on 08/18/2006 12:09:47 PM PDT by FaithintheRight (Our forefathers knew what they were doing...do we?)
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To: FaithintheRight

That's funny. :) That is all the Democrats have. They're not going to know how to run in 2008 when W is leaving office. I think many of them will STILL run against Bush even though he can't run again. :)


565 posted on 08/18/2006 12:10:35 PM PDT by TexasPatriot8 (Irrational is the person who is offended by the mention of a God that he doesn't believe exists.)
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To: Clint N. Suhks

I expect both of President Bush's Supreme Court appointees to abstain if the NSA case gets that far. If this is the case, the USSC might not be a win for the administration.


566 posted on 08/18/2006 12:11:31 PM PDT by Ingtar (Prensa dos para el inglés)
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To: bwteim

Man I imagine I heard it back then, but I have SO slept since then. :) I don't even remember anything specific I DID in 1997/98, much less what I heard back then. :)


567 posted on 08/18/2006 12:12:51 PM PDT by TexasPatriot8 (Irrational is the person who is offended by the mention of a God that he doesn't believe exists.)
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To: MNJohnnie; OldFriend

That's exactly what he means. Quotas on wiretaps. The new retarded. Just plain STUPID. Muslims are 100% of terrorists, Muslims should be 100% of wire taps. Just that simple.


568 posted on 08/18/2006 12:13:58 PM PDT by TexasPatriot8 (Irrational is the person who is offended by the mention of a God that he doesn't believe exists.)
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To: Ingtar
I expect both of President Bush's Supreme Court appointees to abstain if the NSA case gets that far. I

There's NO reason for them to abstain. Roberts had to abstain in Hamdan v. Rumseld because he had WRITTEN the opinion on the circuit court, that's a clear conflict. Neither Alito or Roberts have ruled or taken part in the NSA deliberations and therefore do NOT have to recuse themselves.

569 posted on 08/18/2006 12:14:52 PM PDT by LibertyLee (George W. Bush a Great President--US out of the UN and US out of the UN!)
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To: TexasPatriot8
i>A man who was not a Liberal at age 18 has no heart, a man still a Liberal at age 40 has no head.

Winston Churchill

570 posted on 08/18/2006 12:16:44 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: American Quilter; ChicagoConservative27
You can be queen of the waffles! LOL

John Kerry all ready holds that title

571 posted on 08/18/2006 12:18:12 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: ChicagoConservative27
He said he voted for Reagan twice..

And says he is 40 so either he is lying about his age or his voting record. If he were forty he was 14 or 15 in 1980 and could not have voted for Reagan since he was not old enough.

572 posted on 08/18/2006 12:22:38 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: MNJohnnie
Correcto! Kerry is King of Waffles! Speaking of waffles & Kerry... this is a favorite pic of mine - Inaguration Day with Kerry staring down on PRESIDENT GEORGE W. BUSH.... Would love to know what Kerry's thoughts were at that moment.
573 posted on 08/18/2006 12:23:10 PM PDT by FaithintheRight (Our forefathers knew what they were doing...do we?)
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To: TexasPatriot8

While Wilson did express a religious interpretation, the philosophy behind the construction of the constitution married many different concepts of natural law, both secular and religious. These days people like to argue about intent rather than marvel over how wise and ambiguous the design was. Separation does not exist in the document, which leaves each citizen to address the topic of how much religion they do or don't accept in their own governance. Freedom for citizen's to decide for their self is the brilliance of it.


574 posted on 08/18/2006 12:25:19 PM PDT by stacytec (Nihilism, its whats for dinner)
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To: Ingtar
expect both of President Bush's Supreme Court appointees to abstain if the NSA

Nope only have to sit out cases they have all ready ruled on. This is a new case so they do NOT have to sit it out since the SC hearing would be the 1st they heard THIS case.

575 posted on 08/18/2006 12:28:54 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: TexasPatriot8

...Mussies, 90% of the wiretaps: The other 10% reserved for the RAT sympathizers.


576 posted on 08/18/2006 12:31:13 PM PDT by aligncare (In warfare, the only moral stance is to win.)
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To: MNJohnnie

I had a conversation with the young man for at least ten minutes. He really had no answer for my questions and commentary. It was frustrating but he really couldn't answer my questions with any clarity at all. Had no answers, just kept saying we should get permission from the FISA court first. I reminded him that the FISA court was established before 9/11 and that things had changed. That there were people in Paterson, NJ and Detroit, MI who would be dancing in the streets if we were attacked again. That I did not want to wait for that to happen and the democrat idea of going back to Square One......meant going back to before 9/11 and being vulnerable to an attack. Told him that the families of the dead would give anything for their loved ones to be alive and that the democrats were setting us up for more grieving families with their hatred of the President.


577 posted on 08/18/2006 12:31:16 PM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: TexasPatriot8
It's stupid people like this guy that ALMOST make me rethink my stand on abortion.

I think the same way you do. "Pro-Choice? Shame, your mother choose incorrectly"

578 posted on 08/18/2006 12:31:47 PM PDT by Two-Bits (Life is good than there are Democrats...................)
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To: stacytec
Except of course your interpretation ignores the context of the Founders time. What they opposed was a State subsides Church where no believers were forced to PAY mandated taxes (know as tithes) to a Church they did not support. They NEVER would of continued this imposition of the Atheist LACK of religion on everyone else. It is EXACTLY counter to their fundamental beliefs.
579 posted on 08/18/2006 12:32:40 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: LibertyLee

Yeah no reason to think that Roberts or Alito will recuce themselves, they never had any part of any court case dealing with this. And they'll vote to overturn it, but I don't think it will get to them. I think the appeals court will oberturn it. Five other Judges in the U.S. have already said that the NSA plan is legal and Constitutional. That strong establishment of precedent will rule the day.


580 posted on 08/18/2006 12:41:52 PM PDT by TexasPatriot8 (Irrational is the person who is offended by the mention of a God that he doesn't believe exists.)
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