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Federal Judge rules NSA surveillance unconstitutional!
ABC Radio News | 8/17/2006 | ABC Radio News

Posted on 08/17/2006 9:06:43 AM PDT by sinkspur

A federal district judge in Detroit has ruled that the Bush administration's NSA surveillance of phone conversations is unconstitutional.


TOPICS: Breaking News; Crime/Corruption; War on Terror
KEYWORDS: aclu; aclulist; activistcourts; activistjudge; annadiggstaylor; carterappointee; carterlegacy; counterterrorism; dumbassdonkruling; goodgrief; goodruling; govwatch; gramsci; impeach; itsoverjohnny; judgislators; judicialjihad; judicialtyranny; judiciary; libertarians; mysharia; nationalsecurity; nsa; ruling; spying; thankyoujimmycarter; tyrantsinblackrobes; wot
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To: Mo1

The judge is unhinged. That's the only thing that will make any sense to me.


321 posted on 08/17/2006 12:33:19 PM PDT by hipaatwo (Kofi anti-Semite who sucks up to Arab dictators and presides over UN choking on its own filth-JPod)
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To: Clump

"Having actually gone to law school..."

Ok, a lawyer. Cool.

Do you think it'll be flipped on the 'standing' issue or the 'State Secrets' issue? I suspect the latter.

--R.


322 posted on 08/17/2006 12:33:42 PM PDT by RustMartialis
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To: RustMartialis
We'll play, Who Said That?,"Because of the very secrecy and activity here challenged plaintiffs must be and are given standing".
The judge admits she is giving standing based on secrecy but is also creating a new precedence for the legal term "standing". No one can walk into a court, until this case, and merely claim their rights were violated without proof that they were damaged but these plaintiffs couldn't know if they were damaged if it was "secret". The judge has to make a claim they had standing but her ruling and admittance shows they didn't have legal standing because they can't prove damages or much less even what program it is.
Page's in the 40s admit that none of the plaintiffs can prove they were the target because no prosecutions have been made.
"STANDING - The legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action."
323 posted on 08/17/2006 12:34:50 PM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: RustMartialis

Not everyone on this thread tries to act like a constitutional attorney though. I read allot but do not try to pretend I am the smarter person on the planet, I am sure I am not even close to the smartest person in my little town. Neither should you. There are many, many smarter men and women surrounding POTUS Bush and give him daily legal advice. I trust their judgement more than yours and so do most on this thread it appears. Actually when it comes to know it all everthing constituionally legal, you are standing at the top of the ladder because you climbed there.


324 posted on 08/17/2006 12:35:17 PM PDT by jrooney ( Hold your cards close.)
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To: redfog
People seem to think that judges are the final authority on what is constitutional and what is not.

When the Constitution grants a specific power to the President (like defending the country from foreign enemies as Commander in Chief), legitimate Presidentional actions to carry out that responsibility cannot simply be waved off by the ACLU and some friendly judge.

174 posts and finally a common sense, constitutionally sound comment. This thread reads like a senate debate.

There are dozens of situations where warrantless searches have been approved by the courts.

The Assistant Attorney General of the United States, provides a brief summary of the legal authority supporting the NSA activities described by the President.

Here is a very good thread on the facts of "warrentless wire taps"

325 posted on 08/17/2006 12:35:32 PM PDT by Just A Nobody (NEVER AGAIN..Support our Troops! www.irey.com and www.vets4Irey.com - Now more than Ever!)
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To: jrooney

"Bill Clinton used warantless wiretaps WHEN WE WERE NOT AT WAR. Ever hear of Echelon?"

Actually, that's not true (as far as is publicly known). George Tenet testified to Congress that in all cases involving Echelon they obtained warrants from FISA. If you have evidence to the contrary, I'd love to see it.


326 posted on 08/17/2006 12:35:33 PM PDT by Fjord
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To: tobyhill

Well said.


327 posted on 08/17/2006 12:36:17 PM PDT by jrooney ( Hold your cards close.)
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To: sinkspur

Prior to her appointment to the Federal Court in 1979, Judge Taylor was a private practitioner, a legislative assistant, an Assistant Wayne County Prosecutor, an Assistant United States Attorney, an Adjunct Professor of Law at Wayne State Law School, and an Assistant Corporation Counselor, City of Detroit. She is a 1950 Graduate of the Northfield School for Girls, East Northfield, Massachusetts, and received her B.A. from Barnard College in 1954 and L.L.B. from Yale Law School in 1957. Judge Taylor was appointed to the bench on November 2, 1979.

She is a Trustee of the Detroit Institute of Arts, the Community Foundation for Southeastern Michigan and the Henry Ford Health System.

She is a member of the State Bar (Committees on Character and Fitness and on U.S. Courts), Federal Bar, Wolverine Bar, Black Judges Association and Women Judges Association.


328 posted on 08/17/2006 12:37:31 PM PDT by italianquaker (Democrats and media can't win elections at least they can win their phony polls.)
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To: Fjord

I would think that would probably be impossible. Echelon harvests millions of items of communications a day. I'm not sure what testimony you're refering to, and I'm not familiar with it, but to say that every piece of information gathered by echelon is warranted is wrong.


329 posted on 08/17/2006 12:38:09 PM PDT by letsgonova19087
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To: michigander
Taylor, Anna Katherine Johnston Diggs
Born 1932 in Washington, DC

Federal Judicial Service:
Judge, U. S. District Court, Eastern District of Michigan
Nominated by Jimmy Carter on May 17, 1979, to a new seat created by 92 Stat. 1629; Confirmed by the Senate on October 31, 1979, and received commission on November 2, 1979. Served as chief judge, 1996-1998. Assumed senior status on December 31, 1998.

Education:
Barnard College, B.A., 1954

Yale Law School, LL.B., 1957

Professional Career:
Attorney, Office of Solicitor, U.S. Department of Labor, Washington, DC, 1957-1960
Assistant Wayne County prosecutor, Michigan, 1961-1962
Assistant U.S. attorney, Detroit, Michigan, 1966
Legislative assistant / Detroit office manager, U.S. Rep. Charles C. Diggs, Jr., 1967-70
Private practice, Detroit, Michigan, 1970-1975
Adjunct professor, Wayne State University School of Labor and Industrial Relations, 1972-1975
Supervising assistant corporation counsel, City of Detroit, Law Department, 1975-1979
Adjunct professor, Wayne State University Law School, 1976-1977

Race or Ethnicity: African American

Gender: Female

330 posted on 08/17/2006 12:38:33 PM PDT by P-Marlowe (((172 * 3.141592653589793238462) / 180) * 10 = 30.0196631)
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To: P-Marlowe
Political Affiliation: Donkocrat
331 posted on 08/17/2006 12:39:57 PM PDT by jrooney ( Hold your cards close.)
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To: jrooney

Mental Capacity: Limited


332 posted on 08/17/2006 12:40:59 PM PDT by letsgonova19087
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To: letsgonova19087

We aren't wat war with all those other groups. Maybe we should be, but right now efforst to counter those other groups is rightly being handled by law enforcement and international cooperation. At any rate, the issue here is whether or not it's OK for the president to circumvent FISA in trying to gather information to fight terrorism. To put it another way, "is it OK for the president to circumvent the law."

I'd say the answer would have to be "no." Presidents have been impeached for less.


333 posted on 08/17/2006 12:40:59 PM PDT by Fjord
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To: jrooney

When I earlier stated the Judge admitted they didn't have standing I wasn't meaning she came strait out and said it because that would be pretty dumb even for a dumb judge but her ruling indicates they don't have real legal standing but she's giving it to them.


334 posted on 08/17/2006 12:41:19 PM PDT by tobyhill (The War on Terrorism is not for the weak.)
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To: letsgonova19087

:) here, here!


335 posted on 08/17/2006 12:41:52 PM PDT by jrooney ( Hold your cards close.)
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To: Fjord

"We aren't wat war with all those other groups. Maybe we should be, but right now efforst to counter those other groups is rightly being handled by law enforcement and international cooperation."

Surely you don't claim to know the details of how we're handling these other groups. If you're as smart as you sound, surely you know that 95% of this war will be fought without the rest of the world even knowing what happened.

"To put it another way, "is it OK for the president to circumvent the law." "

Whether or not it's "OK" is certainly debateable, but, as I pointed out above, there is precedence for it.


336 posted on 08/17/2006 12:44:13 PM PDT by letsgonova19087
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To: Kyushu
Some day the power of the FBI might be abused by a possible future President, using this pseudo logic we should abolish the FBI.

Since the Border Patrol may some day be used to abused Civil Liberties by a Future Administration, we must abolish it. Ditto here the US Military. U

An utterly absurd nonsensical argument

What if, What if, What if, can be played all day. It is a sophomoric exercise. BY this logic NOTHING should ever be done because ANYTHING might possibly be abused at some point in the future.

Finally since this is based on the Commander in Chiefs powers to Repel sudden attack, all this handwrining about "Future Administrations" is merely the intellectually weak rationalizations by those who WANT to find any excuse possible to oppose this.

This is an inherent Presidential Power in action. IF you don't like it you will have to admen the US Constitution to change it.

337 posted on 08/17/2006 12:44:22 PM PDT by MNJohnnie (History shows us that if you are not willing to fight, you better be prepared to die)
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To: RustMartialis
Depending on the mood of the Circuit judges involved, I suspect it will be reversed on the Article III standing issue alone. Circuit courts (conservative ones in particular), tend not to reach the merits of a case unless it is necessary to decide the case.

I suspect that real judges prefer to let the tug of war regarding POTUS power play out politically. Besides that, addressing the merits of this case will only encourage the ACLU to bring these types of claims.

Reversing on Article III grounds does not sound very sexy to most conservatives, but in the long haul it is good practice to make these goons have an actual "case or controversy".

338 posted on 08/17/2006 12:44:28 PM PDT by Clump
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To: tobyhill

After reading what little I have regarding the ruling, it does not seem like the best well thought out legal decision made. I feel confident she will get the brush aside that normally happens frequently to the 9th circuit of appeals here.


339 posted on 08/17/2006 12:45:10 PM PDT by jrooney ( Hold your cards close.)
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To: mystery-ak

Forum shopping, I'll bet


340 posted on 08/17/2006 12:46:42 PM PDT by DOGEY
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