Posted on 09/28/2006 9:39:01 PM PDT by bobsunshine
The federal judge who ordered a halt to the Bush administration's program of domestic wiretapping on Thursday allowed the surveillance to continue for a week to allow an appeals court to weigh in on an issue expected to end up with the U.S. Supreme Court.
U.S. District Judge Anna Diggs Taylor in Detroit denied the Justice Department's request for a lengthy stay pending an appeal of her August ruling that the National Security Agency's surveillance program violates the civil rights of Americans.
Instead, Taylor gave the government a seven-day window to get a stay from the federal appeals court in Cincinnati.
The Justice Department filed an immediate request with that court seeking a more permanent stay that would allow its "Terrorist Surveillance Program" to continue.
"Because we cannot control how or when the enemy will seek to communicate or strike, even a temporary interruption could result in grave harm to the American public," it said in the filing.
The American Civil Liberties Union filed the suit in March on behalf of scholars, attorneys, journalists and non-profit groups that regularly communicate with people in the Middle East.
Taylor's ruling came as Congress sought to craft and pass legislation that would spell out when and how a president can order electronic surveillance without a warrant.
CONSTITUTIONAL QUESTION
Although that legislation would provide a legal framework for the NSA program, the wiretaps could still be found by U.S. courts to violate the Constitution. The issue is expected to end up before the U.S. Supreme Court.
"I think it's a further recognition that the program is inflicting ongoing harm on not just our plaintiffs but on the constitutional rights of others as well," ACLU staff attorney Jameel Jaffer said of Taylor's ruling.
The White House argues that the NSA program is needed to protect Americans from terrorism.
But the program has been criticized by civil rights activists and raised concern among lawmakers, including some in President George W. Bush's own Republican Party, who say he may have overstepped his powers.
Bush authorized the NSA program after the Sept. 11 attacks on the United States, although the public only learned of its existence last year.
The program allows the government to eavesdrop on the international phone calls and e-mails of U.S. citizens without obtaining a warrant, if those wiretaps are made to track suspected terrorist operatives.
Michigan Republican Rep. Pete Hoekstra, who chairs the House of Representatives Intelligence Committee, said Taylor's ruling endangered "a vital part of America's forward defense against terrorist attacks."
He said the ruling underscored the importance of Congress passing legislation that would authorize the NSA's program and revise the prescriptions on domestic intelligence activities stemming from a 1978 law.
The Justice Department had asked Taylor to allow the wiretapping program to continue until the appeals court hears the government's appeal.
That process could take months, the ACLU's Jaffer said.
The clock is ticking on the certain reversal of this nitwit's idiotic decision.
The only thing her decision tells me is that we need stronger anti-forum-shopping laws in this country.
This dizzy broad needs to be taken off the bench and thrown in prison before more Americans die at the hands of her Islamofascist pals. Where in the hell does it say in the U.S. Constitution that some ditzy bimbo pretending to be a "judge" can tell us how to fight a war? This bimbo is committing treason by siding with al-Qaeda and she needs to be thrown in jail.
Were I the government, those are the exact words I would use. I hope someone here would bail me out.
Ping
Great cartoon - says it all. What she doesn't realize is that the NSA is a military operation and she can not shut it down. All her order will do is stop the leads that the NSA gets from being passed to the FBI who would get the warrants (from FISA). The NSA will hear the next terrorist call but can't do anything about it unless this ruling is overturned ASAP. Re-start of the Gorelick Wall.
**U.S. judge allows NSA wiretaps for another week**
One more week of protection. Thank you, God!
" Re-start of the Gorelick Wall. "
yup
Epiphany........ping?
Does anyone actually believe if the appeal doesn't come through in 7 days that the surveillance will actually be curtailed?
Good heavens! Just ignore the silly old bat
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