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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: P-Marlowe
Ahhhhhhhhhhhhhhhhhhhh...but that one could be misconstrued and sadly, the correct person/s would get it. But I do LOVE that gif too. :-)
541 posted on 08/17/2006 9:22:09 PM PDT by nopardons
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To: The Sons of Liberty

You mean Dearbornistan?


542 posted on 08/17/2006 9:23:22 PM PDT by Uncle Vlad
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To: sinkspur
It will go to the 6th Circuit and be thrown out for lack of standing of those who brought the suit.

I agree with this - the standing seems very contrived.

543 posted on 08/17/2006 9:26:45 PM PDT by JeffAtlanta
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To: OPS4
Skull and Bones is only for undergrads.

But she has ones heck of a CV ( an elite boarding school and two Ivies!), which for when she went to these schools, should have precluded her from being a lefty Dem. It also leaves out ANY affirmative action. This means that she came from a well off, well educated family.

544 posted on 08/17/2006 9:27:13 PM PDT by nopardons
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To: HawaiianGecko

First of all, thank you for an informative and thoughtful post. I had actually not read that, and it does seem to back up the administration's position that the wiretaps are in fact legal.


545 posted on 08/17/2006 9:47:14 PM PDT by Fjord
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To: HawaiianGecko; All
The federal appellate courts have unanimously held that the President has the inherent constitutional authority to order warrantless searches for purposes of gathering foreign intelligence information, which includes information about terrorist threats. Furthermore, since this power is derived from Article II of the Constitution, the FISA Review Court has specifically recognized that it cannot be taken away or limited by Congressional action. That being the case, the NSA intercept program, which consists of warrantless electronic intercepts for purposes of foreign intelligence gathering, is legal.

Indeed. You can't even WRITE, let alone issue, a warrant to look for patterns in communications, a warrant for the purpose of eventually finding unexpected patterns that might appear out of the blue, like, oh just for a wild guess example, like "liquids" mentioned along with "airplanes."

"A strict observance of the written laws is doubtless one of the high duties of a good citizen, but it is not the highest.  The laws of necessity, of self- preservation, of saving our country when in danger, are of higher obligation.  To lose our country by a scrupulous adherence to written law would be to lose the law itself, with life, liberty, property, and all those who are enjoying them with us; thus absurdly sacrificing the end to the means." --Thomas Jefferson to John Colvin, 1810

546 posted on 08/17/2006 10:17:18 PM PDT by FreeKeys ("When questioning people who live in caves [it's hard] to deprive them of comforts..." - Ann Coulter)
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To: GOPologist

Jackson's statement was, "The Court has made its ruling, now let them enforce it."

You're confusing Jackson with Stalin's remark about religion/the Catholic Church: "How many divisions does the Pope have?"


547 posted on 08/17/2006 10:40:08 PM PDT by Terpfen
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To: potlatch; TommyDale

548 posted on 08/17/2006 10:41:33 PM PDT by devolve (fx 9125_AMERICANS_KILLED_2003_BY_ILLEGALS MEX_ILLEGAL_GOT_911_TERRORISTS_ID NO_NUEVO_TEJAS)
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To: Republican Red

Just another idiotic judge who believes she is God.


549 posted on 08/17/2006 10:43:24 PM PDT by DennisR (Look around - God is giving you countless observable clues of His existence!)
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To: devolve

You need to tell her about ... Hotmail!


550 posted on 08/17/2006 10:46:23 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: FreeKeys; Fjord; mr.carthage
Thanks for posting this, FK!

Oh yoooooooooooooooooooooooooooo hooooooooooooo, Fjord and mr. carthage, come read THOMAS JEFFERSON'S WORDS! You know who he was, dontcha? And HE contradicts both of your positions, completely! :-)

551 posted on 08/17/2006 10:48:04 PM PDT by nopardons
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To: potlatch


LOL


552 posted on 08/17/2006 10:52:21 PM PDT by devolve (fx 9125_AMERICANS_KILLED_2003_BY_ILLEGALS MEX_ILLEGAL_GOT_911_TERRORISTS_ID NO_NUEVO_TEJAS)
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To: devolve

LOL is right, at least you 'got it'!


553 posted on 08/17/2006 10:56:30 PM PDT by potlatch (Does a clean house indicate that there is a broken computer in it?)
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To: sinkspur

Imagine that! A liberal democrat appointed by Peanut Carter ruling the way the liberal democrats at the ACLU wanted her to.

What a shocking surprise.

The liberals at the ACLU shopped around for this judge and got the ruling they wanted. Now they're going to get the slapping down by the appeals court that they deserve.

Meanwhile, the Bush administration just carries on with the duty of keeping us safe from Islamofacists.

I know which party I am voting for in the next election.


554 posted on 08/17/2006 11:11:21 PM PDT by Bullish ( The pig headed monkeys of Islam can kiss my grits!)
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To: NinoFan
I don't know either. But I do know if I were GWB, I'd order the program to continue, and make the lawyers figure a way around it.

The judge will not be held accountable the day terrorists strike.

555 posted on 08/18/2006 1:54:10 AM PDT by Recovering_Democrat (I am SO glad to no longer be associated with the party of "dependence on government"!)
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To: HawaiianGecko; FreeKeys

HawaiianGecko, thanks for that clear and lucid exposition of the law and legal precedents underlying the Executive's power in the matter of warrantless surveillance. That was excellent. I have copied it for reference in discussions with others.

FreeKeys, The Jefferson quotation you provided is the perfect frosting for HawaiianGecko's cake.

I have learned much here tonight.


556 posted on 08/18/2006 2:23:20 AM PDT by NilesJo
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To: Terpfen

Good Lord, the irony is thick beyond belief!

Thanks for pointing out that misattribution. It sure sums up the uber-statist case, doesn't it -- and it makes my blood run cold.

Santayana had it dead to rights.


557 posted on 08/18/2006 2:40:16 AM PDT by Don Joe (We've traded the Rule of Law for the Law of Rule.)
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To: Fjord

"Thank God at least one federal judge feels there must be some restraint on the executive's powers, especially seeing as we are not in a period of war."


from President Bush's speech after September 11, 2001...WE ARE IN A PERIOD OF WAR....

"This war will not be like the war against Iraq a decade ago, with a decisive liberation of territory and a swift conclusion. It will not look like the air war above Kosovo two years ago, where no ground troops were used and not a single American was lost in combat.

Our response involves far more than instant retaliation and isolated strikes. Americans should not expect one battle, but a lengthy campaign, unlike any other we have ever seen. It may include dramatic strikes, visible on TV, and covert operations, secret even in success. We will starve terrorists of funding, turn them one against another, drive them from place to place, until there is no refuge or no rest. And we will pursue nations that provide aid or safe haven to terrorism. Every nation, in every region, now has a decision to make. Either you are with us, or you are with the terrorists. (Applause.) From this day forward, any nation that continues to harbor or support terrorism will be regarded by the United States as a hostile regime"

Simplistically and totally in layman's words....You can't wait for warrants on phone calls that you haven't even heard yet. What do you ask for a warrant for the possible next 100 or so calls that might come? If you wait for a warrant, the calls/conversations of terroristic information that are made will be long over with. How do you track terrorists then??


558 posted on 08/18/2006 2:49:15 AM PDT by tina07 (In Memory of my Father - WWII Army Air Force Veteran)
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To: sinkspur

If this is not a signal for the some of the single issue Conservatives obsessed by the Immigration issue and others supporting Libs like Lieberman to quit it and move their support behind GOP candidates, then i dont know what else would take.

The issue is JUDGES, and it is pivotal that Republican majority Control the Senate and the House.


559 posted on 08/18/2006 2:52:26 AM PDT by GregH
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To: sinkspur

The judge is a Carter appointee.

I think the administration wins on appeal.


560 posted on 08/18/2006 2:54:32 AM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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