Thursday, August 17, 2006

Judiciary Stops NSA-Wiretapping

Hmm.

The case was brought by the American Civil Liberties Union, who filed a suit on behalf of journalists, scholars and others who frequently place calls to overseas contacts. The group says the program makes their jobs harder, and contacts are leery of divulging information for fear of surveillance from the federal government.

"This court is constrained to grant to Plaintiffs the Partial Summary Judgment requested, and holds that the TSP violates the APA; the Separation of Powers doctrine; the First and Fourth Amendments of the United States Constitution; and the statutory law," U.S. District Judge Anna Diggs Taylor said in the 43-page ruling.

Taylor also had harsh words for President Bush and members of his administration who argued that the president was within his powers as Commander in Chief to carry out the wiretapping program. She pointed out that the office itself was created by the Constitution, thus meaning all powers are derived from that document.

"There are no hereditary Kings in America and no powers not created by the Constitution," Taylor wrote. "So all 'inherent powers' must derive from that Constitution."

No political games here. Just good ole common sense. Without any information from the government or details of the actual program to judge by, but HEY, let's shut things down.

Wonder how long before this gets overturned.


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