Capitol Hill Blue is a not-for-profit, non-commercial experiment in on-line journalism published as an information resource for our readers. All material is © 2006 Capitol Hill Blue. For more information, please check out our FAQ. We take your privacy seriously at Capitol Hill Blue.
Home / The Rant / ReaderRant

Bush Leagues


Judge rules Bush's domestic spy program unconstitutional
By Staff and Wire Reports
Aug 18, 2006, 07:36
Email this article
 
Printer friendly page

A federal judge decision's to strike down President Bush's warrantless surveillance program was the first ruling over its legality, but surely not the last.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Thursday that the program violated the rights to free speech and privacy, as well as the separation of powers enshrined in the Constitution.

The administration said it would appeal to the 6th U.S. Circuit Court of Appeals in Cincinnati.

"We're going to do everything we can do in the courts to allow this program to continue," Attorney General Alberto Gonzales said at a news conference in Washington.

Taylor was the first judge to rule on the legality of the National Security Agency's program, which the White House says is a key tool for fighting terrorism that has already stopped attacks.

"Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution," Taylor wrote in her 43-page opinion.

White House press secretary Tony Snow said the Bush administration "couldn't disagree more with this ruling." He said the program carefully targets communications of suspected terrorists and "has helped stop terrorist attacks and saved American lives."

Taylor ordered an immediate halt to the program, but the government said it would ask for a stay of that order pending appeal. The American Civil Liberties Union, which brought the suit, said it would oppose a stay but agreed to delay enforcement of the injunction until Taylor hears arguments Sept. 7.

The ACLU filed the lawsuit in January on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which monitors international phone calls and e-mails to or from the U.S. involving people the government suspects have terrorist links.

The ACLU says the 1978 Foreign Intelligence Surveillance Act, which set up a secret court to grant warrants for such surveillance, gave the government enough tools to monitor suspected terrorists.

The government argued the NSA program is well within the president's authority but said proving that would require revealing state secrets.

The ACLU said the state-secrets argument was irrelevant because the Bush administration already had publicly revealed enough information about the program for Taylor to rule. The administration has decried leaks that led to a New York Times report about the existence of the program last year.

Taylor, a Carter appointee, said the government appeared to argue that the program is beyond judicial scrutiny.

"It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights," she wrote. "The three separate branches of government were developed as a check and balance for one another."

ACLU executive director Anthony Romero called Taylor's opinion "another nail in the coffin in the Bush administration's legal strategy in the war on terror."

While siding with the ACLU on the surveillance issue, Taylor dismissed a separate claim by the group over NSA data-mining of phone records. She said not enough had been publicly revealed about that program to support the claim and further litigation would jeopardize state secrets.

___

Associated Press writers Katherine Shrader in Washington and Jeremiah Marquez in Los Angeles contributed to this report.

___

On the Net:

Taylor's ruling: http://www.mied.uscourts.gov/eGov/taylorpdf/06%2010204.pdf

Information on the case from the ACLU: http://www.aclu.org/nsaspying  

National Security Agency: http://www.nsa.gov


Copyright © 2006 The Associated Press


Copyright © 2006 Capitol Hill Blue. All rights reserved


We welcome reader comments:
Discuss this story and other issues in ReaderRant.



Top of Page

Bush Leagues
Latest Headlines

Bush's bible-thumping bothered German leader
As doubt grows, Bush sticks stubbornly to Iraq strategy
Bush finally admits Iraq is becoming his Vietnam
Bush faces tough sell to a skeptical Capitol Hill
Bush pressures Republicans to support his terror bill
Cheney overlooks the facts when he brags about U.S. safety
Bush tries to use 9/11 memories for political advantage
What Bush said
Cheney sticks to hardline rhetoric
Bush vows 'never forget'