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.
GWB lays a smackdown on stupid reporter!
Cublicle bound
Clips of GWB press conference
Reporter: nail in the coffin question for you?
GWB: those who herald this decision simply do not understand the world in which we live.
You're right. The word presstitutes would've been a better choice.
Hey AQ....yea, she's a real winner. /s
Oh, that's what I was hearing--thousands of little fins slapping the water in relief. Welcome back, Roccus!
Nothing to write home about. 3 in the 1 1/2-2 lb range.
Hi Attila--glad you're here today!
Do you go out in a boat? Or did you stand near the water?
Even Leftist legal experts are saying this. It has got to be REALLY bad if even the LEFTIST Legal clowns are saying this.
Pelosi's stupidity is bottomless.
Thanks for the ping
Water was 80 deg. at oh dark thirty and went up from there.
}:^)
Pre-boiled fish!
And so is Harry "We Killed The Patriot Act" Reid's
DUmocrats have painted a big target on themselves....there won't be any let up and they should be used to it. Rush should hammer them every day through the 2008 elections. Who'd put their trust in a bunch of 1960's pinkos to run the country?
Later, I do have plans to get an oil change and go watch my boy's first high school football game
From suit:
"Plaintiffs .... For example, scholars and journalists such as plaintiffs Tara McKelvey, Larry Diamond, and Barnett Rubin indicate that they must conduct extensive research in the Middle East, Africa, and Asia, and must communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations.
Just look up McKelvey's writing. Slants so far left it looks horizontal.
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