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Court rejects Obama bid to stop wiretapping suit
AP via SFGate ^ | 2/27/9 | DEVLIN BARRETT, Associated Press Writer

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 ...


TOPICS: Crime/Corruption; Front Page News; Government; War on Terror
KEYWORDS: 9thcircus; alharamain; doj; moneytrail; muslimcharities; terrortrials; wiretapping
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To: HollyB

I know that. Did you disagree with my post?


21 posted on 02/27/2009 8:52:59 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: Big_Monkey

Judges, although appointed for life, are appointed to a particular seat on a particular court (or “bench”). If the court were to be disolved, so would be the appointment. If there were vacant seats on other courts, though, I imagine they would be filled by already-vetted judges from the disolved court. It’s all up to the congress to write the laws concerning the existence of and appointment to the lower courts. This congress would find all the loonies of the 9th a bench to warm, no doubt about that!


22 posted on 02/27/2009 9:04:09 PM PST by cartoonistx
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To: sickoflibs

> Socialism yes, USA Islam state ?? You are definitely day dreaming

Daydreaming, no. Nightmare, perhaps.

I sure don’t like what this new President is doing to your wonderful country. He is a very, very nasty piece of work.


23 posted on 02/27/2009 9:31:36 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: DieHard the Hunter; bill1952; alex; djsherin; rabscuttle385; Paladin2
RE :”your wonderful country

Wonderful?? The best we can do is GWB, McCain, Obama, Pelosi, Reid, McConnell, Bayner, ???

The best we can do is a phony bubble 'spend before you earn' and 'get a huge bonus before you file for bankruptcy' Bush Ponzi economy or a Marxist socialist 'take from your neighbor' Obama/Pelosi economy? In both cases my wonderful country demands lots for nothing.

Right now 'wonderful' does NOT come to mind.

24 posted on 02/27/2009 10:01:59 PM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: sickoflibs

> Wonderful?? The best we can do is GWB, McCain, Obama, Pelosi, Reid, McConnell, Bayner, ???

No, the best you can do is Michael Murphy, Michael Monsoor, Jason Dunham, Ross McGinnis, and Paul Smith. With mighty warriors heroes such as these — with plenty more where they came from — who cares about the bloody politicians?

Politicians come and go: Valor is forever.

(BTW, I think President George W Bush will prove to be one of America’s greatest presidents. You should be thankful and grateful that he was at the helm these past eight years.)

> The best we can do is a phony bubble ‘spend before you earn’ and ‘get a huge bonus before you file for bankruptcy’ Bush Ponzi economy or a Marxist socialist ‘take from your neighbor’ Obama/Pelosi economy? In both cases my wonderful country demands lots for nothing.

Your wonderful country keeps the rest of the Free World free. Don’t imagine for one moment that the rest of us aren’t profoundly grateful for that: we are.

Never, ever bad-mouth your country or imagine it to be anything other than wonderful. America will pull out of this temporary Obama distraction just fine: mark my words.

When America falls, so falls Civilization. We ain’t there yet. Not by a long shot.


25 posted on 02/27/2009 10:18:28 PM PST by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: sickoflibs

Hello? Hello? Your phone has been wiretapped.


26 posted on 02/28/2009 3:49:32 AM PST by myknowledge (Nothing beats Australia's F-22EMA Raptor)
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To: SmithL

“Yet government lawyers signaled they would continue fighting to keep the information secret”
* * * * *

Memo Re: Ulterior Agenda

This administration seeks to keep secret all information about birth certificates, and all spying on citizens, be they terrorists or Conservatives.


27 posted on 02/28/2009 5:03:32 AM PST by Canedawg (Congress shall make no law abridging the freedom of speech, or of the press.)
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To: 17th Miss Regt

You could have cut and pasted that post from any one of a thousand on DU, but it would have been about Bush. Delicious irony.


28 posted on 02/28/2009 6:02:29 AM PST by Hardastarboard (The Fairness Doctrine isn't about "Fairness" - it's about Doctrine.)
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To: DieHard the Hunter; mnehrling; Sioux-san; Red Steel; rxsid; hoosiermama; STARWISE; BP2; Polarik; ...
“Socialism yes, USA Islam state ?? You are definitely day dreaming

Daydreaming, no. Nightmare, perhaps.

I sure don’t like what this new President is doing to your wonderful country. He is a very, very nasty piece of work.”

I agree and for that reason I side with the Plaintiffs in this case. I don't want bo’s quasi-government to have the ability to wiretap anyone in furtherance of his Shite-Islamo-Marxist-Government.

29 posted on 02/28/2009 6:43:57 AM PST by FreeManN (www.ObamaCrimes.info)
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To: sickoflibs

“Ann Brick, a lawyer for the ACLU of Northern California, said the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.”

So sicko what about this suit to protect the privacy of Conservatives do you disagree with?


30 posted on 02/28/2009 6:49:47 AM PST by FreeManN (www.ObamaCrimes.info)
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To: DieHard the Hunter; alex; Gondring; SinCityMom; Gatún(CraigIsaMangoTreeLawyer); ...
RE “I think President George W Bush will prove to be one of America’s greatest presidents. You should be thankful and grateful that he was at the helm these past eight years.

Let's see, he left ongoing war, massive debt, depression, historical increase in welfare state, Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism ,Republicans ,conservatism and real tax cuts, and left a party in disarray standing for nothing. Grateful is NOT the word that immediately comes to mind.

31 posted on 02/28/2009 10:00:17 AM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: 17th Miss Regt
Oh my God! they are engaging in warrantless wiretapping? We need to impeach this evil, monkey faced, retarded ba**ard right now!

There, I fixed your post to make it sound more like atypical libtard posting.

32 posted on 02/28/2009 10:10:38 AM PST by Popman (One useless man is a shame, two is a law firm, and three is a Congress - John Adams)
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To: sickoflibs

Yes, grateful isn’t a word I’d use to describe Bush and is followers.

Let me add:

1. Prescription drug benefit, ( the largest transfer of wealth up to the multiple Shove-it-to-us bills)

2. One veto over the course of his 8 years.

Bush is a socialist, his followers are no better.


33 posted on 02/28/2009 10:18:39 AM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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To: sickoflibs

Do you notice how cruel, mean and hate filled liberals are? They also don’t have much a brain either — Too much CNN propaganda I would guess.


34 posted on 02/28/2009 10:24:33 AM PST by Tarpon (ItÂ’s a common fact, one canÂ’t be liberal and rational at the same time.)
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To: Tarpon
RE :”Do you notice how cruel, mean and hate filled liberals are? “

Looks like it worked! Little late to notice that, they are in charge, but still keep the voters blaming republicans.

35 posted on 02/28/2009 10:31:50 AM PST by sickoflibs (Keynesian Economics : "If you won't spend your money WE WILL!")
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To: sickoflibs

I don’t think so, they’ll blame someone else. Never take responsibility for a wrong you have committed (they’ll even blame their mom or dad), just as they have brainwashed all the kids today.


36 posted on 02/28/2009 10:42:14 AM PST by huldah1776 ( Worthy is the Lamb)
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To: SmithL

If there is one thing I’ll defend the Bush Admin on, it’s the use of a modified Pen Register and Trap And Trace program to uncover Muslim terrorists abroad and here at home.

Calling it “wiretapping” is technically and LEGALLY incorrect and a lie and it is disingenuous and misinformed and just plain stupid, depending upon who’s saying it. Frequently all of the foregoing.

What I WON’T defend GWB or even one Republican on is their monumental negligence in countering the despicable lie of “warrantless wiretapping.”

There has never, ever been even one single factual assertion that this was done (nor will there ever be), and easy reading between the lines says that it WASN’T.

I curse George Bush for yet another lost opportunity to use the bully pulpit.


37 posted on 02/28/2009 10:46:52 AM PST by angkor
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To: stockpirate; sickoflibs
Not to mention that he wanted to provide American identities and privileges (aka “Z visas”) to 20 million illegal aliens of unknown (and forever unknowable) background, country of origin, criminal/financial/ideological background, and health status.

Hell, anyone - and I mean ANYONE - without an existing U.S. fingerprint record could have applied for the dangerous and completely insecure “Z visa” to obtain a new or a second U.S. Government approved (but fake) identity. Including native Americans citizens. Or Chinese and Russian intelligence agents. Or European scofflaws and criminals.

I curse every single politician in Washington who thought that subverting America's already shaky national security was a “good idea”. And most specifically George Bush, McQueeg, Specter, and Pansy.

38 posted on 02/28/2009 11:01:12 AM PST by angkor
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To: sickoflibs

“Let’s see, he left ongoing war, massive debt, depression, historical increase in welfare state, Obama, Pelosi+ Reid, a mandate for socialism and a hatred of capitalism ,Republicans ,conservatism and real tax cuts, and left a party in disarray standing for nothing. Grateful is NOT the word that immediately comes to mind.”

Well said! I agree 100%.


39 posted on 02/28/2009 11:10:20 AM PST by Cheetahcat (Osamabama the Wright kind of Racist!)
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To: angkor

Why in God’s name did the appoint Steele to head the RNC?

We are not going to advance one inch with him at the helm.


40 posted on 02/28/2009 12:40:06 PM PST by stockpirate (A people unwilling to use violent force to preserve liberty deserve the tyrants that rule them. SP-0)
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