All fall down. The United States District Court for the Middle Eastern District of al-Qaeda is now in session. The aid and comfort giver to their enemies adhering...O
ne word: appeal. On second thought: impeach.
Federal [Inferior (i.e., District) Court] Judge Orders End to Warrantless Wiretapping [America's Ability to Effectively Fight Islamonazis]
By DAVID STOUT
WASHINGTON, Aug. 17 - A federal judge in Detroit ruled today that the Bush administration's eavesdropping program is illegal and unconstitutional, and she ordered that it cease at once.
That is, this Friend of Al Qaeda™ ruled in favor of
A/k/a "The Usual
Suspects Anti-America Moonbats" — including Mr. Hitchens, who now barks that protecting his sources is more important than protecting our shores, and helps an unelected judge hamstring our elected leader's ability to fully defeat the clandestine plans of theocratic madmen he
professedly loathes.
And Osama kisses his ACLU membership card and cries "Praise Allah!"
District Judge Anna Diggs Taylor found that President Bush exceeded his proper authority and that the eavesdropping without warrants violated the First and Fourth Amendment protections of free speech and privacy.
What will it take for our the liberal trial lawyers' federal judiciary to acknowledge our nation is at war? Three thousand of them kidnapped and beheaded by islamaniacal terrorists, even after they tried to be among the latter's most reliable allies?
If so, maybe protecting the privacy of even our foreign enemy whenever he calls, emails, or gets calls and emails from anyone in the United States isn't such a bad idea after all. Think the Slimes could be persuaded to publish those lawyers' home addresses too?
Then even a Jihaddy-444 al-Qarter lifetime appointee might get it:
- But in 1977, Mr. Carter and his attorney general, Griffin B. Bell, authorized warrantless electronic surveillance used in the conviction of two men for spying on behalf of Vietnam.
The men, Truong Dinh Hung and Ronald Louis Humphrey, challenged their espionage convictions to the U.S. Court of Appeals for the 4th Circuit, which unanimously ruled that the warrantless searches did not violate the men's rights.
In its opinion, the court said the executive branch has the "inherent authority" to wiretap enemies such as terror plotters and is excused from obtaining warrants when surveillance is "conducted 'primarily' for foreign intelligence reasons"....
The Truong case, however, involved surveillance that began in 1977, before the enactment of the Foreign Intelligence Surveillance Act (FISA), which established a secret court for granting foreign intelligence warrants....
Administration officials say the president has constitutional authority to conduct surveillance without warrants in the name of national security. The only way Congress could legitimately curtail that authority, they argue, is through an amendment to the Constitution.
The administration's view has been shared by previous Democrat administrations, including Mr. Carter's.
When Mr. Bell testified in favor of FISA, he told Congress that while the measure doesn't explicitly acknowledge the "inherent power of the president to conduct electronic surveillance," it "does not take away the power of the president under the Constitution."
Jamie S. Gorelick, deputy attorney general in the Clinton administration, agreed. In 1994 testimony before the House Permanent Select Committee on Intelligence, Miss Gorelick said case law supports the presidential authority to conduct warrantless searches and electronic surveillance for foreign intelligence purposes.
At least she might get this if she didn't have a record of
helping Dictatorats and other liberals
rig court decisions:
It's not every day a federal appeals judge publicly scolds his own court. Judge Danny Boggs, a 16-year veteran of the Sixth U.S. Circuit Court of Appeals, used a blistering dissent to lay out a shocking case of judicial manipulation that this week may have resulted in an artificial 5-4 decision upholding the University of Michigan's race-based admissions policy for its law school.
...
That judicial scandal began when the University of Michigan filed a motion to consolidate two separate challenges — one involving the law school and one involving undergraduate admissions — on the theory that they were companion cases. Observers suspected the university wanted to push Judge [Bernard] Friedman out so Judge Patrick Duggan could hear both cases.
Anna Diggs Taylor, then the District Court's chief judge, established a highly unusual two-judge panel to hear the motion. Judge Friedman asserted his authority under long-established procedural rules to keep the case and excoriated Judge Taylor for what he viewed as an effort to transfer both cases to Judge Duggan.
Judge Duggan in turn later ruled in favor of the university in the undergrad admissions case.
Demokkkrats' KKKult of KKKorruption. What a surprise.
And Osama writes his NACDL retainer check and cries "Praise Allah!"
"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.
It was never their intent to allow an unelected Demoracist judge to take away any president's Article II powers to defeat America's enemies, especially when they're trying to kill all Americans.
Where were you on September 11, 2001? Even BET and Lifetime preempted their entire programming that day to show the clear and present evil we're up against.
And Osama renews his American Prospect subscription and cries "Praise Allah!"
In becoming the first federal judge to declare the eavesdropping program unconstitutional, Judge Taylor rejected the administration's assertion that to defend itself against a lawsuit would force it to divulge information that should be kept secret in the name of national security.
"Predictably, the war on terror of this administration has produced a vast number of cases, in which the states secrets privilege has been invoked," Judge Taylor wrote.
Read her words again:
the war on terror of this administration
"Mr. Bush's war," she practically said. Not "America's war" on terror.
It's all just something BushCo cooked up. Wonder if she also feels that the Mossad was piloting each of those planes by remote control, and no Joooo was killed because they were all warned by Karl Rove to cancel their airline tickets or call in sick?
Damn traitor.
She noted that the Supreme Court has held that because the president's power to withhold secrets is so powerful, "it is not to be lightly invoked."
Ask the families of these people if they think it's been lightly invoked,
Damn traitor.
In any event, she said, she is convinced that the administration could defend itself in this case without disclosing state secrets.
Let's see how that works—
"Your honor aider and comforter, our country is at war."
"Defense counsel, you're out of order. I already ruled that 'our country' is not at war. It's the administration's war."
"Could I file an interlocutory appeal of that?"
"Only if I get to pick the judges hearing it."
"Great. Damn traitor."
Judge Taylor's ruling came in a suit filed by the American Civil Liberties Union on behalf of journalists, scholars, lawyers and various nonprofit organizations who argued that the possibility of eavesdropping by the National Security Agency interfered with their work.
In other words, filed by liberals who are against
the war our winning the war and for helping al-Qaeda ensure we never do.
Damn traitors.
Although she ordered an immediate halt to the eavesdropping program, no one who has followed the controversy expects the litigation to end quickly. The Justice Department said it was preparing its response to the ruling, and it was widely assumed that that response would include a request to postpone enforcement of Judge Taylor's decree pending appeals.
The request for a stay of enforcement could be lodged with Judge Taylor herself, or with the United States Court of Appeals for the Sixth Circuit.
Best go with Door Number 2. Better likelihood that the appeals court isn't composed of damn traitors.
But for the moment, the ruling by Judge Taylor — who became the first federal judge to declare the eavesdropping program unconstitutional — caused elation among the plaintiffs.
And Osama makes a now-unmonitorable call to Surrendercrat HQ and cries "Praise Allah!"
"It's another nail in the coffin
of our international coallition's chances to defeat mass-murdering islamicist nazis before they can attack any of us again." Which, Andrew Cochran points out, our monitoring foreign communications is was helping us do: "Time Magazine: '(A) knowledgeable American official says U.S. intelligence provided London authorities with intercepts of the group's communications.' (That would probably be the NSA surveillance program.)"
And Osama scratches on his cave wall another tally in the Win column and cries "Praise Allah!"
...of executive unilateralism," said Jameel Jaffer, a lawyer for the plaintiffs with the A.C.L.U.
But not of judicial unilateralism, evidently.
And Osama again kisses his notACLUe membership card and cries "Praise Allah!"
And Anthony Romero, executive director of the A.C.L.U., said Judge Taylor's ruling "confirms that the government has been acting illegally, in contravention of the Foreign Intelligence Surveillance Act and the Fourth Amendment."
Shopping around for a judge who's corrupt enough and treasonous enough to overtly help you give our bloodthirsty enemy aid and comfort doesn't confirm this to anyone who isn't ACLUeless executive director or other
BDS-afflicted liberal, damn traitor.
The surveillance act was passed by Congress in 1978 in response to disclosures of previous government improprieties in eavesdropping. The act established a secret court to handle applications for surveillance operations, and set up procedures for them to take place while applications for warrants are pending in some limited circumstances and for limited times.
But the judge found that the administration had overstepped the bounds of the surveillance act as well as the Constitution, and she was unpersuaded by the government's stance that it could not defend itself in the lawsuit without doing the country harm.
But, again, as Dodocrats Bell and Gorelick attested to under oath, had not overstepped the bounds of the "inherent" constitutional powers We the People™ vest in our federal government's executive branch to protect all of us from our enemy in time of war, just to name one example of a "foreign intelligence purpose." Of course no NYTreason reporter or other liberal can be expected to know this when talking about a Republican administration.
And Osama pastes this "newspaper" clipping in his How I Won The War scrapbook and cries "Praise Allah!"
"Consequently, the court finds defendants' arguments that they cannot defend this case without the use of classified information to be disingenuous and without merit," she wrote.
"Bush Defendents lied!® er, I mean, is are disingenuous...."
They aren't, by the way. For the National Security Agency / Central
Security Service and Lieutenant General Keith B. Alexander, director of the National Security Agency and chief of the Central Security Service — i.e., the defendents — to prove the negative that they aren't violating these traitors' First Amendment rights, the Office of the President would have to allow those aiders and comforters of al-Qaeda to examine any information collected on them by authorized NSA agents and officials, the only ones besides the President himself and a handful of others having lawful access to that information.
I don't know what Greenpeace's security clearance is, but I doubt it's high enough to grant even its officials anywhere near that kind of authorization.
The bigger question is, which conversations of Greenpeace et al. does the judge Friend of Osama feel NSA is monitoring? She says in her opinion billet-doux to bin Laden that
the court need not speculate upon the kind of activity the Plaintiffs want to engage in — they want to engage in conversations with individuals abroad without fear that their First Amendment rights are being infringed upon.
So if CAIR in Michigan calls
Hassan "Death To America!" Nasrallah in Lebanon congratulating him on Hezbutchers' "robust victory" over Israel, it wouldn't be even a tad bit helpful to
the administration's our country's war effort to find out what the head of a terrorist organization that we
suspect already has
sleeper cells standing by
in the United States, might say, Judge GraveDigger? Do you not have the remotest comprehension that terrorists are waging a total war against all of us — not just the Bush administration?
And did you not watch your friend Osama's tape last January in which he said "operations... are in the planning stages and you will see them in the heart of your land (America) as soon as the planning is complete" after he cried "Praise Allah!"?
The judge, who heard arguments in the case in June, brushed aside several assertions made by lawyers for the National Security Agency. She held that, contrary to the N.S.A.'s assertions, the plaintiffs were suffering real harm, and had standing to sue the government.
"Here, plaintiffs are not asserting speculative allegations," she said.
Then name a specific, continuing, irreparable injury they've suffered, O Corrupted One. Have they been arrested? Were their computers destroyed? Did their telephones stop working? Are they rotting in jail? Are they hanging from lamp posts?
Is it possible at all for a power hungry self-interested deranged liberal Dinosaurat like yourself to stop being a damn traitor?
Judge Taylor, appointed by President Jimmy Carter in 1979, did not deal a total defeat to the administration. She dismissed a separate claim by the A.C.L.U. over data-mining of telephone records, agreeing that further litigation could indeed jeopardize state secrets.
And Osama straightens al-Qarter's picture hanging on his cave wall and cries, just a little less loudly, "Praise Allah!"
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