Judges Orders Warrentless Wiretapping Halted Immediately
by Chris Bowers, Thu Aug 17, 2006 at 08:18:29 AM EDT
Let's see how many death threats from right-wing bloggers this ruling generates. From the AP:DETROIT (AP) - A federal judge ruled Thursday that the government's warrantless wiretapping program is unconstitutional and ordered an immediate halt to it.
U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy. This is the only appropriate ruling to an obviously illegal program. Censuring Bush would have been more than appropriate. From the order and injunction (PDF):IT IS HEREBY ORDERED that Defendants, its agents, employees, representatives, and any other persons or entities in active concert or participation with Defendants, are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (hereinafter TSP) in any way, including, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act (hereinafter FISA) and Title III;
IT IS FURTHER ORDERED AND DECLARED that the TSP violates the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA and Title III;
IT IS ALSO ORDERED that Defendants Motion for Summary Judgment is GRANTED with respect to Plaintiffs data-mining claim and is DENIED regarding Plaintiffs remaining claims;
IT IS ALSO ORDERED that Plaintiffs Motion for Partial Summary Judgment is GRANTED in its entirety.
IT IS SO ORDERED. A great ruling for defenders of liberty and privacy.
U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy. This is the only appropriate ruling to an obviously illegal program. Censuring Bush would have been more than appropriate. From the order and injunction (PDF):IT IS HEREBY ORDERED that Defendants, its agents, employees, representatives, and any other persons or entities in active concert or participation with Defendants, are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (hereinafter TSP) in any way, including, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act (hereinafter FISA) and Title III;
IT IS FURTHER ORDERED AND DECLARED that the TSP violates the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA and Title III;
IT IS ALSO ORDERED that Defendants Motion for Summary Judgment is GRANTED with respect to Plaintiffs data-mining claim and is DENIED regarding Plaintiffs remaining claims;
IT IS ALSO ORDERED that Plaintiffs Motion for Partial Summary Judgment is GRANTED in its entirety.
IT IS SO ORDERED. A great ruling for defenders of liberty and privacy.
Tags: ACLU v NSA, Bush adminisatrion, Fourth Amendment, NSA, warrantless wiretaps (all tags)
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