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.
Ang, I could have gone all day and probably all year without seeing that.
I'd slap him one time, but I hate to see a grown man cry.
absolutely.
Big trip to Walmart planned this weekend.
Sorry Sensei it's only a doggie that had some bad luck.
I understand ... but wouldn't you rather use FR as your source? Also, if people wanted to join in a specific discussion on that article, the FR link would be helpful. That's all.
http://www.youtube.com/v/-HlaVpqUXF0
Scary!
Coming To A Neighborhood, Convenience Store, or Mosque Near You .... Profile This !!!
Let's continue shaking down little old ladies with water bottles at airports, lest we offend "someone"...!!!
I can handle most things, but dead dogs and dead cats are my weakness.
I love hearing conservative lawyers ripping her ruling to shreds. By the way, I heard this morning (on Laura Ingraham's show) that she was instrumental in founding the Mississippi Lawyers' Guild in 1950--it was an openly communist organization.
Even Poms.
My computer blocked it.
And - to call some of the plaintiffs in the suit *journalists* is really an abuse of the term.
It seems like they're trying to set things up and prepare the Sheeple for Bush's prosecution.
The MSM does not inform me. Instead, they horrify and scare me because they keep revealing who THEY really are.
Hi all, I'm back and all the fish in Stonewall Jackson lake are now safe!
LOL
Did you see the Freeper Thread it is so funny!
Catch anything?
Rush has been really angry this week. He has been letting the libs have it all week long.
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