Judge orders the Bush administration to stop a domestic wiretap

[one...two...tree 2,762]

By Kevin Krolicki

DETROIT (Reuters) - A judge ordered the Bush administration on Thursday to stop a domestic wiretap program it says protects Americans from terrorism but which the judge said violated their civil rights.

The administration, buoyed by polls showing Americans back its handling of security and terrorism, appealed against the federal court ruling, saying: "We couldn't disagree more."

U.S. District Judge Anna Diggs Taylor said the wiretaps under a five-year-old "Terrorist Surveillance Program" violated freedom of speech, protections against unreasonable searches and a constitutional check on the power of the presidency.

"There are no hereditary kings in America and no powers not created by the Constitution," Taylor said in a 44-page ruling.

The National Security Agency program has been widely criticized by civil rights activists and raised concern among lawmakers, including some in President George W. Bush's own Republican Party, who say he may have overstepped his powers.

Bush authorized the NSA program after the September 11 attacks on the United States, and it became public last year.

Both sides agreed the program could go on until the judge hears the government's case for a stay pending appeal.

The program allows the government to eavesdrop on the international phone calls and e-mails of U.S. citizens without obtaining a warrant, if those wiretaps are made to track suspected al Qaeda operatives.

"We have confidence in the lawfulness of this program," Attorney General Alberto Gonzales, said after Thursday's ruling. "That's why the appeal has been lodged."

A Justice Department statement called the program "an early warning system to detect and prevent a terrorist attack."

Officials said last week a foiled plot to blow up airliners from Britain underscored the need for secret surveillance.

"The very real threat posed by radical Islamists requires every tool at our disposal, including the ability to track financial activity and the communications of terrorists," said Rep. Pete Hoekstra, a Michigan Republican and chairman of the U.S. House of Representatives intelligence committee.

SUPREME COURT?

The American Civil Liberties Union filed the suit which could well end up being heard by the U.S. Supreme Court.

The Supreme Court delivered a similar blow to the administration in June when it struck down as illegal a system of military tribunals set up to try foreign terrorism suspects held at the Guantanamo Bay prison camp.

On Thursday, the judge ruled the Bush administration had violated the terms of a 1978 law by skirting a requirement that warrants be issued by a special secret court for eavesdropping on individuals or suspects in the United States.

The judge sided with the government on one issue -- that arguments in open court about the NSA's "data mining" of phone records would jeopardize national security and rejected an ACLU challenge to that part of the NSA's surveillance program.

The ACLU suit was filed on behalf of scholars, attorneys, journalists and nonprofit groups that regularly communicate with people in the Middle East and believed their phone calls and e-mail may have been intercepted by the U.S. government.

"The ruling of the judge is not only a victory for the American Muslim community but a victory for the entire American population," said Dawud Walid, executive director of the Council on American-Islamic Relations for Michigan, which joined the ACLU as a plaintiff in the lawsuit.

A similar suit brought by the Center for Constitutional Rights is pending in federal court in New York. The judge in that case is set to hear arguments on September 5.

The Bush administration has thrown its support behind a bill sponsored by Republican Sen. Arlen Specter of Pennsylvania that would submit the NSA's surveillance program to a secret court for review.

[pedroh 21]

OWNED... and well done

[Mirorgate 0]

yeah.. this was on the news the other day. i hope it sticks.

[pedroh 21]

[Mr. Big Dog 10,747]

How dare that judge challenge King George?

[one...two...tree 2,762]

"We have confidence in the lawfulness of this program," Attorney General Alberto Gonzales, said after Thursday's ruling. "That's why the appeal has been lodged."

I'd love to hear his legal explanation...

[pedroh 21]

alberto gonzalez ftl.. he sucks.. and I dont know how can he find this 'legal'.. noone can't be above the constitution, period

[Mr. Big Dog 10,747]

noone can't be above the constitution, period

You're so pre 9/11, bro.

[Trumplestiltskin 5,791]

"We have confidence in the lawfulness of this program," Attorney General Alberto Gonzales, said after Thursday's ruling. "That's why the appeal has been lodged."

I'd love to hear his legal explanation...

It would be interesting - because in the public debate at least, the government seems to depend on people not knowing the law and not knowing the facts. So when they say it's legal, they really mean "it's legal if we say it is".

[mawilson 2,133]

Sadly, all they need is another terrorist attack to say "we told you so" and reverse the decision.

[Trumplestiltskin 5,791]

Sadly, all they need is another terrorist attack to say "we told you so" and reverse the decision.

Because while we don't negotiate with terrorists, its become fashionable to allow them to drive policy.

"For my protection, eh?" Think I'll take my chances.

[Mr. Big Dog 10,747]

Sadly, all they need is another terrorist attack to say "we told you so" and reverse the decision.

Because while we don't negotiate with terrorists, its become fashionable to allow them to drive policy.

"For my protection, eh?" Think I'll take my chances.

Hear, Hear!

[Mr. Big Dog 10,747]

Shite, we're doomed...

Bush Grants Self Permission To Grant More Power To Self

Issue 42 / 31

WASHINGTON, DC—In a decisive 1–0 decision Monday, President Bush voted to grant the president the constitutional power to grant himself additional powers.

"As president, I strongly believe that my first duty as president is to support and serve the president," Bush said during a televised address from the East Room of the White House shortly after signing his executive order. "I promise the American people that I will not abuse this new power, unless it becomes necessary to grant myself the power to do so at a later time."

The Presidential Empowerment Act, which the president hand-drafted on his own Oval Office stationery and promptly signed into law, provides Bush with full authority to permit himself to authorize increased jurisdiction over the three branches of the federal government, provided that the president considers it in his best interest to do so.

"In a time of war, the president must have the power he needs to make the tough decisions, including, if need be, the decision to grant himself even more power," Bush said. "To do otherwise would be playing into the hands of our enemies."

In addition, the president reserves the right to overturn any decision to allow himself to increase his power by using a line-item veto, which in turn may only be overruled by the president.

Senior administration officials lauded Bush's decision, saying that current presidential powers over presidential power were "far too limited."

"Previously, the president only had the power to petition Congress to allow him to grant himself the power to grant more power to himself," Attorney General Alberto Gonzalez said shortly after the ceremony. "Now, the president can grant himself the power to interpret new laws however he sees fit, then use that power to interpret a law in such a manner that in turn grants him increased power."

In addition, a proviso in the 12th provision of the new law permits Bush the authority to waive the need for any presidential authorization of power in a case concerning national security, although legal experts suggest it would be little exercised.

Despite the president's new powers, the role of Congress and the Supreme Court has not been overlooked. Under the new law, both enjoy the newly broadened ability to grant the president the authority to increase his presidential powers.

"This gives the president the tools he needs to ensure that the president has all the necessary tools to expedite what needs to be done, unfettered by presidential restrictions on himself," said Rep. John Cornyn (R-TX). "It's long overdue."

Though public response to the new law has been limited, there has been an unfavorable reaction among Democrats, who are calling for restrictions on Bush's power to allow himself to grant the president more powers that would restrict the powers of Congress.

"This is a clear case of President Bush having carte blanche to grant himself complete discretion to enact laws to increase his power," Senate Minority Leader Harry Reid (D-NV) said. "The only thing we can do now is withhold our ability to grant him more authority to grant himself more power."

"Unless he authorizes himself to strip us of that power," Reid added.

Despite criticism, Bush took his first official action under the new law Tuesday, signing an executive order ordering that the chief executive be able to order more executive orders.

In addition, Republicans fearful that the president's new power undermines their ability to grant him power have proposed a new law that would allow senators to permit him to grant himself power, with or without presidential approval.

[Mirorgate 0]

Shite, we're doomed...

Bush Grants Self Permission To Grant More Power To Self

Issue 42 / 31

WASHINGTON, DC—In a decisive 1–0 decision Monday, President Bush voted to grant the president the constitutional power to grant himself additional powers.

"As president, I strongly believe that my first duty as president is to support and serve the president," Bush said during a televised address from the East Room of the White House shortly after signing his executive order. "I promise the American people that I will not abuse this new power, unless it becomes necessary to grant myself the power to do so at a later time."

The Presidential Empowerment Act, which the president hand-drafted on his own Oval Office stationery and promptly signed into law, provides Bush with full authority to permit himself to authorize increased jurisdiction over the three branches of the federal government, provided that the president considers it in his best interest to do so.

"In a time of war, the president must have the power he needs to make the tough decisions, including, if need be, the decision to grant himself even more power," Bush said. "To do otherwise would be playing into the hands of our enemies."

In addition, the president reserves the right to overturn any decision to allow himself to increase his power by using a line-item veto, which in turn may only be overruled by the president.

Senior administration officials lauded Bush's decision, saying that current presidential powers over presidential power were "far too limited."

"Previously, the president only had the power to petition Congress to allow him to grant himself the power to grant more power to himself," Attorney General Alberto Gonzalez said shortly after the ceremony. "Now, the president can grant himself the power to interpret new laws however he sees fit, then use that power to interpret a law in such a manner that in turn grants him increased power."

In addition, a proviso in the 12th provision of the new law permits Bush the authority to waive the need for any presidential authorization of power in a case concerning national security, although legal experts suggest it would be little exercised.

Despite the president's new powers, the role of Congress and the Supreme Court has not been overlooked. Under the new law, both enjoy the newly broadened ability to grant the president the authority to increase his presidential powers.

"This gives the president the tools he needs to ensure that the president has all the necessary tools to expedite what needs to be done, unfettered by presidential restrictions on himself," said Rep. John Cornyn (R-TX). "It's long overdue."

Though public response to the new law has been limited, there has been an unfavorable reaction among Democrats, who are calling for restrictions on Bush's power to allow himself to grant the president more powers that would restrict the powers of Congress.

"This is a clear case of President Bush having carte blanche to grant himself complete discretion to enact laws to increase his power," Senate Minority Leader Harry Reid (D-NV) said. "The only thing we can do now is withhold our ability to grant him more authority to grant himself more power."

"Unless he authorizes himself to strip us of that power," Reid added.

Despite criticism, Bush took his first official action under the new law Tuesday, signing an executive order ordering that the chief executive be able to order more executive orders.

In addition, Republicans fearful that the president's new power undermines their ability to grant him power have proposed a new law that would allow senators to permit him to grant himself power, with or without presidential approval.

HAHAHAHAHAAAAA.. the onion always brings a tear to my eyes..

[pedroh 21]

Sadly, all they need is another terrorist attack to say "we told you so" and reverse the decision.

Because while we don't negotiate with terrorists, its become fashionable to allow them to drive policy.

"For my protection, eh?" Think I'll take my chances.