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More Money Quotes From the NSA Decision

8/17/06, 1:48 pm EST

The wiretapping program here in litigation has undisputedly been continued for at least five years, it has undisputedly been implemented without regard to FISA and of course the more stringent standards of Title III, and obviously in violation of the Fourth Amendment.

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The President of the United States, a creature of the same Constitution which gave us these Amendments, has undisputedly violated the Fourth in failing to procure judicial orders as required by FISA, and accordingly has violated the First Amendment Rights of these Plaintiffs as well.

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In this case, the President has acted, undisputedly, as FISA forbids. FISA is the expressed statutory policy of our Congress. The presidential power, therefore, was exercised at its lowest ebb and cannot be sustained.

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As Justice Warren wrote in U.S. v. Robel, 389 U.S. 258 (1967):

Implicit in the term ‘national defense’ is the notion of defending those values and ideas which set this Nation apart. . . . It would indeed be ironic if, in the name of national defense, we would sanction the subversion of . . . those liberties . . . which makes the defense of the Nation worthwhile.

Tim Dickinson

More Constitution in Crisis, George W. Bush, NSA

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Comments

NC67 | 8/17/2006, 2:58 pm EST

An historic ruling.

Let Them Eat Cake | 8/17/2006, 3:43 pm EST

Finally, common sense in the Federal court as it hands down a decision that backs the constution and blocks the Bush administration in continuing go use the “war on terrorism” to power grab and use terrorism to gain political advantage.

Andy | 8/17/2006, 4:20 pm EST

A week after similar techniques stopped a massive trans-atlantic terrorist strike, this comes down. Its a shame that people are too busy scoring worthless political points against people who they hate jsut because they disagree with them than to discuss if the program actually served a purpose.

Evidence shows that it did.

justin | 8/17/2006, 4:40 pm EST

What evidence are you speaking of Andy?

WHA | 8/17/2006, 5:12 pm EST

How do so many people contine to miss the point. No one objects to a counter-terrorism program conducted within the bounds of law and the constitution. These very programs could be lawfully conducted with the oversight that the checks and balances of our system of government require. Either the present administration is 1) simply too lazy, or 2)intentionally engaged in undermining the republic and constitution they are sworn to defend.

As to Andy, please read the actual news (not Whithouse misinformation). Warrantless wiretapping had nothing to do with stopping a “massive trans-atlantic terrorist strike”. The plot (if real) was stopped by the Brits having an informant inside of the group.
As to Hallzee, you are right that no one gives a damn about what you are having for dinner or that you have utterly missed the point of the movie “A Few Good Men”. If really want a Dictator, a Pope, a Mullah, or King George decreeing what is best for you (even to eat or watch, perhaps) then why bother to defend this country at all?

Stop the insanity | 8/17/2006, 6:49 pm EST

Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.

An Historical Review of the Constitution and Government of Pennsylvania. (1759)
Benjamin Franklin

But then again what do those guys who wrote the Constitution know anyway?

jim | 8/17/2006, 7:15 pm EST

Unfortunately, immediate appeal to the Supremes, reversed 5 to 4. We are screwed already, you just watch….

C Co... aka I Smell Propaganda | 8/17/2006, 8:13 pm EST

Right Cake… political advantage (rolling eyes)… What’s with the “war on terrorism”? Are you impling that its just a so-called war used for political advantage too? Bush killed his legacy by trying to do things he thought were in the best interest of the country. You can debate that his decisions may have been wrong, but he always stood up and made decisions to try and do what he thought was best (unlike any liberal opponent). If he wanted a “political advantage”, he could have just ignored foreign issues and sit on his ass all day. Clinton did this and things in the middle east excalated out of control to the point where the next President had to deal with his ignored problems.

BUSH DOESN’T CARE WHAT PEOPLE THINK ABOUT HIM (for better or worse). So this “political advantage” agrument is bullshit.

Yeah, and I’m not really concerned about the government tapping my phones. Why? Because their not tapping my phones; they’re tapping the phones of terrorist suspects and those who could be involved in threatening national secrutity. Whether you feel that’s Constitutionally correct or not is up to you. Personally, I’d rather have questionable privacy rights violations (for possible terrorists, mind you) than have the stadium I’m at be blown up next time I go to a football game. Call me crazy (and I know you will).

Life > Phone/Internet/Etc. Privacy

C Co... aka I Smell Propaganda | 8/17/2006, 8:16 pm EST

And for you far left wingers: “>” is a “greater than” sign. You might have learned it had you not dropped out of high school to smoke pot and watch the Daily Show in your mom’s basement the rest of your life.

why tim...? | 8/18/2006, 1:56 am EST

ok heres the truth hallzee, jack d., c co… aka i smell propaganda, and of course capitalist pig are all tim dickinson… why does he do it?

Anitra | 8/18/2006, 3:20 am EST

By the very principles of our democracy, none of us has to justify keeping our privacy — government has to justify invading it! It is in NObody’s best interests that the gov’t be allowed to say, “we suspect you, therefore we will spy on you.” That doesn’t even keep us safe from *terrorists*. When the gov’t has to *think* about what is actually suspicious, and make a case for reasonable suspicion, then security operations work better. When spy teams operate in total secrecy and follow every paranoid wild hair, you get insanity, not security.

Shaun | 8/18/2006, 11:33 am EST

If you’d prefer to live in a country where one thinks it’s alright for the leader of said country to blatantly disregard the document that made that country great, then get out of my damn country.

Raoul Duke | 8/18/2006, 4:25 pm EST

Hey Hallzee, incase you havent been paying attention for the past 5 plus years Bush is a moron. He is a lying thief who started a war in Iraq with no cause, violated the most sacred document in this country’s history, and apparently still thinks the Cold War is on attempting to spread the American sphere of influence. He cuts taxes for the rich, allows the Eron fiasco to go relativly unpunished and illegally contracts Haluburton. So why shouldnt we impeach him?

Hallzee | 8/18/2006, 6:50 pm EST

Shaun,
Your right. It is YOUR country and not mine. Tell me, how would protect us from possible terrorist attacks on YOUR country? We’re waiting.

Raoul,
Are you a subscriber to Michael Moore Weekly? You are not even worth arguing with. But if you can prove all of those alligations against our Beloved Two Term President that you call a moron, I am also waiting for your answer.

That Moron was smart enough to become President of the greatest country in the world – TWICE!

Tennessee Man | 8/19/2006, 5:38 pm EST

We know it’s unsettling for self-satisfied beltway blowhards trapped in timidity and self-delusion, but, out here in the heartland, we read judge Taylor’s ruling and cheer. On my God, someone in a position of authority still remembers what the Constitution and Democracy mean!

Capitalist Pig | 8/21/2006, 6:12 pm EST

This judge is nothing but a left wing activist judge. She was appointed by Jimmy Carter and is as far left as it comes. She once tried to highjack an affirmative action case that was assigned to another judge because she did not feel he was sympathetic to affirmative action. Judges are not suppose to be sympathetic to any side, they are suppose to be neutral and base thier rulings on the merit of the case and the law. But of course liberals believe the court is the law.

And no matter how many times the left press calls it domestic wiretapping, it is not. The call had to begin or end in a foreign country. No one was listening to calls between two people in this country. But why let facts get in the way.

Hallzee – You are dead on as always. I am sick of liberals quoting Ben Franklin on giving up liberty, when they are the ones always screaming for more goverment intervention in our lives.

Raoul Duke – You are an idiot. Of course you had to use the “tax cuts for the rich” cliche, guess when you have no ideas that is all you can do. As for Enron, the President does not punish anyone, that is the job of the criminal justice system. And the top people at Enron were punished severly. Ken Lay would be facing 25years, and Jeff Skilling is facing 25 years. And just for the record, Enron collapsed during Bush’s first year in office. They were cooking the books while Clinton was in the White House.

Jack D – How are you today Jack? You ask why we need to come up with an answer, well it has something to do with the phrase “We the People”. That is how democracy works.

Jack D | 8/22/2006, 12:18 pm EST

I’m good CP, How about yourself?
The problem with your “We the People” argument, albeit that’s the way it SHOULD be, is: Only in November do they care about what we civilians think. As I’m sure you’re aware, the electoral process does not even use the popular vote. Case in point, the last two elections. Also, once they get into office (both parties) it’s nothing but a frat party with some work to do on the side. We’re just ignorant civilians, what do we know about running a country. So what fucking good is it to come up with a solution ourselves when we pay millions of dollars in salary from taxes to the elected mafia to figure it out themselves.
Why’s she gotta be an “activist” judge. Is it inapropriate to demand that an administration follow the constitution and the laws created by it? That’s all that happened. A law was UPHELD, not created.

Capitalist Pig | 8/22/2006, 5:01 pm EST

Jack D – I am good. Glad you are well. See we can disagree completely and still be civil.

You are correct to some degree when you say they only care in Nov. But we can only blame ourselves for that one. If we voted them out of office whenever they did not deliver, then the message would be loud and clear and they would take us more serious. But when most people believe the old cliche “get rid of the bums, except my bum” then you get the current situation. Sadly, pork barrel politics works. And before any lefties try blame pork on Republicans, Democrats do the same damn thing when in power. So save it. As for the last two elections, Bush won the popular vote last time.

The reason I called the judge an “activist judge” is because she is, the point about the affirmative action case was one such incident. Another point, you have to have “standing” to bring a lawsuit, otherwise the case gets thrown out no matter the merits of your argument. The case was filed by the ACLU, and the argument that they have “standing” is very shakey at best, but she let the case proceed. The case will probally be overturned, and long before the Supreme Court.

Let Them Eat Cake | 8/23/2006, 5:34 am EST

“Wow, I hope the NSA didn’t tap into the phone conversation I had with my wife concerning what we were going to have for dinner”.

Don’t worry Hallzee, only if French fries or Cous Cous or lamb kabobs were on your menu….

Capitalist Pig | 8/23/2006, 10:25 pm EST

The judge who made the ruling sits on the board of an organization called Secretary and Trustee for the Community Foundation for Southeastern Michigan (CFSEM). They recently donated $45000.00 to the Michigan ACLU, one of the plaitiffs in this case. Sounds like conflict of interest to me, not to mention judicial activism. I wonder if RS will report this little tidbit of info.

Capitalist Pig | 8/23/2006, 10:33 pm EST

Let me correct my mistyping. What I meant to say was she is the Secretary and Trustee of the organizaton.

Let Them Eat Cake | 9/28/2006, 3:16 am EST

Halzee-

“Bush doesn’t care what people think”?

Funny, how Gallup rushes us with phony polls a few weeks after every Bush Bungle….Attempting to persuade the terminally naive, how “popular” he is…(Wink, wink)

Bush and his homicidal administration worry constantly, that his popularity is going down the tubes…

Gallup likes to give the Fuzzy numbers to try and make Bush look like people follow his policies-the majority of the country does not.

Three polls claiming the Republicans are double digits behind in congressional races and One-Gallup Poll-claims “it’s very close”…(Gallup is a Bush-friendly poll) most inaccurate in the 2,000 flakey ‘election’-they had Bush running double digits ahead in the popular vote and we know the final stats on that….

Bush and his “people” are paranoid about his sinking image-if the NSA wire-tapping, the trillion lies that has exposed the extremist “rightie” Pres, then nothing will convince you clowns…(Rhandi Rhodes talked about it today on Air America)…

People want Republicans Out of Office-We are getting too close to a Police State….

Bush and his Buffoon Budies are Watching, oh so close…

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dotarull | 10/22/2007, 8:36 am EST

dotarull | 10/22/2007, 8:37 am EST

hipnoj | 12/12/2007, 2:20 pm EST

hipnoj | 12/12/2007, 2:21 pm EST