Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Legality of Bush bugging policy shifts to S.F.
San Francisco Chronicle ^ | 2/20/8 | Bob Egelko

Posted on 02/20/2008 7:51:05 AM PST by SmithL

The U.S. Supreme Court's refusal Tuesday to hear a lawsuit challenging President Bush's electronic surveillance program left a critical balance-of-powers question - whether judges can decide the legality of the secretive program - in the hands of two federal courts in San Francisco.

The justices rejected an appeal by the American Civil Liberties Union, which sued on behalf of journalists, lawyers and academics who believed their phone and e-mail messages were being intercepted. That ended the only case so far to test the constitutionality of Bush's order that launched the surveillance program in early 2002.

U.S. District Judge Anna Diggs Taylor of Detroit ruled in 2006 that Bush had exceeded his powers and violated constitutional limits on government searches when he ordered federal agents to intercept phone calls and e-mails between Americans and suspected foreign terrorists without the warrants required by a 1978 federal law. A federal appeals court in Cincinnati overruled Taylor in July without deciding whether the program was legal.

Instead, the Sixth U.S. Circuit Court of Appeals ruled 2-1 that the plaintiffs had no right to sue because they couldn't prove - because of the secrecy of the program - that their calls had been monitored. The plaintiffs' claim that they had to alter their communications with overseas clients and sources because of possible government eavesdropping wasn't enough to establish legal standing, the court said.

The ACLU argued that the ruling allowed the administration to shield its actions from judicial scrutiny, but the Supreme Court denied review Tuesday without comment. The action leaves two legal challenges alive, both in San Francisco.

One case, now before the Ninth U.S. Circuit Court of Appeals, is a suit by AT&T customers who accuse the telecommunications company of illegally giving the government access to their messages and records without a warrant.

(Excerpt) Read more at sfgate.com ...


TOPICS: Extended News; Government; Politics/Elections; War on Terror
KEYWORDS: 9thcircus; bds; wiretapping

1 posted on 02/20/2008 7:51:06 AM PST by SmithL
[ Post Reply | Private Reply | View Replies]

Walker, Vaughn R.
Born 1944 in Watseka, IL

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by George H.W. Bush on September 7, 1989, to a seat vacated by Spencer M. Williams; Confirmed by the Senate on November 21, 1989, and received commission on November 27, 1989. Served as chief judge, 2004-present.

Education:
University of Michigan, A.B., 1966

Stanford Law School, J.D., 1970

Professional Career:
Law clerk, Hon. Robert J. Kelleher, U.S. District Court, Central District of California, 1971-1972
Private practice, San Francisco, California, 1972-1990

Race or Ethnicity: White

Gender: Male

2 posted on 02/20/2008 7:51:21 AM PST by SmithL (My tagline dropped out)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
Anna Diggs Taylor making hewre decision:


3 posted on 02/20/2008 7:57:09 AM PST by capt. norm (Never underestimate the power of very stupid people in large groups.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
“The justices rejected an appeal by the American Civil Liberties Union, which sued on behalf of journalists, lawyers and academics who believed their phone and e-mail messages were being intercepted.”

Paranoid people. Most liberals are paranoid!

OTOH, people will happily sign up for surveillance systems for their homes and cars so anyone can know where you are etc.. But, when it comes to TERRORISM and protecting the public at large, people fight it. Go figure!

4 posted on 02/20/2008 8:01:50 AM PST by nmh (Mike Huckabee the "religious" humanist that pushes socialism! (Clinton/Carter combo))
[ Post Reply | Private Reply | To 3 | View Replies]

To: SmithL

For a moment, I thought that said Bush buggering in San Francisco...


5 posted on 02/20/2008 8:04:28 AM PST by fieldmarshaldj (~~~Jihad Fever -- Catch It !~~~ (Backup tag: "Live Fred or Die"))
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
The justices rejected an appeal by the American Civil Liberties Union, which sued on behalf of journalists, lawyers and academics who believed their phone and e-mail messages were being intercepted.

The dirty little secret is that they HAVE been communicating with people they know to be international terrorists.

Time Magazine has a reporter imbedded with them. He was interviewed on Frontline and was with "the insurgents" at the time of Saddam's capture.

He later was escorted in (and sheiled from kidnap and murder) by his terrorist pals as he roamed among Al Qaeda agents.

They commit TREASON. They don't want to be executed for their crimes of supporting the enmey in a time of war.

They claim to be "neutral observers" but they have no qualms about leaking Ameircan military secrets.

They are not impartial in this war and should be prosecuted as the traitors they are.

6 posted on 02/20/2008 8:05:27 AM PST by weegee (Those who surrender personal liberty to lower global temperatures will receive neither.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fieldmarshaldj

39 More to go


7 posted on 02/20/2008 8:07:06 AM PST by Boner1 (Its Time to change are drug laws for some have gone on to be POTUS while other's have been inprison)
[ Post Reply | Private Reply | To 5 | View Replies]

To: nmh

They aren’t paranoid. They know they are violating law in their “research” and communications with the enemy.

Do you really think that CAIR was blindsided that their phony 9-11 charity was used to fund terrorism?


8 posted on 02/20/2008 8:08:32 AM PST by weegee (Those who surrender personal liberty to lower global temperatures will receive neither.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: weegee

>The dirty little secret is that they HAVE been communicating with people they know to be international terrorists.<

I wouldn’t put it past some of our elected reps either.


9 posted on 02/20/2008 8:12:08 AM PST by Califreak (Hangin' with Hunter-under the bus "Dread and Circuses")
[ Post Reply | Private Reply | To 6 | View Replies]

To: SmithL

ping


10 posted on 02/20/2008 8:14:56 AM PST by preacher (A government which robs from Peter to pay Paul will always have the support of Paul.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: weegee
LOL!

The NYT LOVES to post whatever under cover strategy we have going on - like following the money for terroists through “charities”. Remember how the NYT posted it on their front page. The Bush administration begged them NOT TO PRINT IT but you know how it is ... liberals side with our enemy.

11 posted on 02/20/2008 8:25:39 AM PST by nmh (Mike Huckabee the "religious" humanist that pushes socialism! (Clinton/Carter combo))
[ Post Reply | Private Reply | To 8 | View Replies]

To: SmithL
Instead, the Sixth U.S. Circuit Court of Appeals ruled 2-1 that the plaintiffs had no right to sue because they couldn't prove - because of the secrecy of the program - that their calls had been monitored. The plaintiffs' claim that they had to alter their communications with overseas clients and sources because of possible government eavesdropping wasn't enough to establish legal standing, the court said.

The ACLU argued that the ruling allowed the administration to shield its actions from judicial scrutiny, but the Supreme Court denied review Tuesday without comment. The action leaves two legal challenges alive, both in San Francisco.

It's not just that they couldn't PROVE that they had been spied upon. They didn't have any evidence at all that they had been spied upon. They didn't even have reasonable basis for their suspicions.

If the courts allowed this to go forward, we wouldn't have any national security secrets. Any conspiracy theorist could simply say that had a theory that their rights might have been infringed upon, and therefore had a right to know the details of any government program that they suspected might somehow be infringing on their rights.

12 posted on 02/20/2008 8:27:39 AM PST by untrained skeptic
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson