Posted on 02/27/2009 8:06:16 PM PST by SmithL
WASHINGTON, (AP) -- The Obama administration has lost its argument that a potential threat to national security should stop a lawsuit challenging the government's warrantless wiretapping program.
A federal appeals court in San Francisco on Friday rejected the Justice Department's request for an emergency stay in a case involving a defunct Islamic charity.
Yet government lawyers signaled they would continue fighting to keep the information secret, setting up a new showdown between the courts and the White House over national security.
The Obama administration, like the Bush administration before it, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed.
Now, civil libertarians hope the case will become the first chance for a court to rule on whether the warrantless wiretapping program was legal or not. It cited the so-called state secrets privilege as a defense against the lawsuit.
"All we wanted was our day in court and it looks like we're finally going to get our day in court," said Al-Haramain's lawyer, Steven Goldberg. "This case is all about challenging an assertion of power by the executive branch which is extraordinary."
A Justice Department spokesman declined to comment.
But hours after the appeals court made its decision, government lawyers filed new papers insisting they still did not have to turn over any sensitive information.
(Excerpt) Read more at sfgate.com ...
The 9th Circuit is not the most overturned for nothing don’t ya know.
Obama has declared the WOT is over and the world is at peace. What do we need this for? All you need is love!
Obama knows if something bad happens he is toast.
The 9th circus will eventually be O’s best friend.
question:
If we managed, somehow to say in law that the 9th Circuit court no longer exists, what would happen to the judges sitting on it?
Is there precedent for a circumstance like that?
> Obama knows if something bad happens he is toast.
Obama knows that if the muslims win, he is the first Caliph of the United Emirates of Ameriqa.
and the last
Oh my God! they are engaging in warrantless wiretapping? We need to impeach this ba**ard right now!
We'd only need for congress to establish the types of cases the court can NOT hear, then, list every type. The court still remains, but they cannot hear any cases.
This, incidentally, is based on Phyllis Schlafly’s solution to judicial activism, which is for congress to specify what types of cases the courts can hear.
The Founding Fathers thought it fine to set up and take down courts like you would any civil service office.
Almost like they had a precursor of the Pendleton Act imbedded in their brains or something when it came to judges.
Remember they suffered under royal judges and the Admiralty Court. They knew a thing or two about corrupt judges, didn’t they?
Is there precedent for a circumstance like that?
Congress established the Circuit Courts of Appeal and may reorganize them as it desires. It may also abolish them if it so desires. In such a case, the judges on the court would be out of a job. You would see the ones laid off from the 9th Circus outside the Wal-Mart with a sign saying "Will pull law out of my grommet for food".
That still leaves the fact that these knuckleheads will still draw a federal salary.
Is there precedent for a circumstance like that?
Article 1, Section 8, Clause 9...
To constitute Tribunals inferior to the supreme Court;
The constitution only spells out the Supreme Court. The rest is left to the Congress to organize, staff and fund. Don't see why they couldn't just dissolve it and have some other appellate court take over the case load. But, I'm not a lawyer.
That works, too. I only wish Congress would occasionally exercise this power.
That is what I thought, but with lawyers, one never can tell, can one?
The interesting thing here, is something which many who do not like Obama may not be recognizing. I’ve seen that the Obama Administration has continued to *carry through* with several of the Bush Administration policies. This seems to indicate something that I suspected before. I suspected that a “candidate” may say a lot of different things during the election, but many times that candidates position is somewhat modified by the “realities of the office” of President of the United States.
I do find it very interesting that the Obama Administration has carried forward with several Bush Administration policies...
Of course, that doesn’t turn Obama into a “conservative”... LOL... but it’s good news on a very few small things, anyway...
I believe this article is saying that the Obama administration is defending warrentless wiretapping while being sued by Al-Haramain Islamic Foundation.
AT least it sounded like it by this quote:
“The Obama administration, like the Bush administration before it, claimed national security would be compromised if a lawsuit brought by the Oregon chapter of the charity, Al-Haramain Islamic Foundation, was allowed to proceed”
“hours after the appeals court made its decision, government lawyers filed new papers insisting they still did not have to turn over any sensitive information”
heh
LOL
Socialism yes, USA Islam state ?? You are definitely day dreaming
Those liberals would be unhappy with that, while Muslims go for Marxism, the Hollywood, MTV, homo-marriage culture would be outlawed by lashings. In fact in Europe there is some interesting conflicts between homos and Muslims that make me laugh. Tolerance of the intolerant.
How about Isreal? American Jews voted 80% for Obama. NO credit for Saddam by american Jews to Bush, Let them talk to Obama about Isreal.
A successful single attack on US soil would be goodbye Obama.
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