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NSA eavesdropping program ruled unconstitutional

Good news for those of us who think the Constitution IS actually more than an interesting historical document.

NSA eavesdropping program ruled unconstitutional - Aug 17, 2006

And it's not simply "Hey, this is a bad program!" It's a 44-page memorandum that says, among other things:
…the program "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."
AND
…that "the president of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders."
No surprise that the "Developing Story" banner above this article says the Justice Department will appeal.

Not to sound like one of those nut-job reactionaries we all mock, but when do we get to start calling it the InJustice Department? Just asking, you know.
 

Comments

Anonymous said…
Of course they will appeal. The Dems specifically took it to Judge Anna because she is a hardcore lefty. Why do you think such an important ruling comes out of Detroit for cryin' out loud?

I will be watching to make sure you KEEP following this story. Don't just toot your horn now and drop it when it later gets overturned and becomes a non-story in the media.

Q
Anonymous said…
Lou!!!!! I knew you would have this up today. Patience. This is obviously nowhere near the end and may not go as well as you hope.

I'm afraid I agree with Quentin, you better follow to the end. I don't seem to recall anything about no indictment against Rove after your big announcement. But maybe I am having memory problems.

Chris
Cyfiere said…
It's funny, I've got my blog set to notify me when I get comments, and I got an email for Chris' comment, but none for Q's. Not the first time that's happened with your comments, either. Somehow, Blogspot must not like your email address. ; )

Of COURSE it's not the end, and they're appealing, and it'll get turned over and over till it gets to the Supreme Court, where Bush's buddies will probably throw it out. But for now, it's good news. Who knows, maybe it'll do some good in the long run.

Lefties rule!
(Sorry, couldn't resist.)
Anonymous said…
"Good news for those of us who think the Constitution IS actually more than an interesting historical document."

One who believes the Constitution is more than an interesting historical document must therefore believe the wiretapping is unconstitutional?

Thus one who believes the wiretapping is constitutional must therefore believe the Constitution is just an interesting historical document?

That seems extreme, like the language in the ruling. One would think the 9th Circuit wrote the opinion! It will be interesting to see this pan out.

Chris
Anonymous said…
Bush's buddies? Is this going back to Gore v. Bush? You know, FEMA, I mean Bush of course, couldn't even get trailers to the Katrina victims.

Chris

P.S. I think you programmed in a block of Quentin's comments.
Cyfiere said…
Naw, I mean his Supreme Court cronies.

And I wouldn't think of blocking Q's comments! How dare you! ; >
Anonymous said…
It won't make it to the Supreme Court as is. The definitions need to be narrowed - as in, making it strictly about the 4th amendment.

Thanks to Judge Anna, this judgement is so broad, this case will get overturned, re-worked, re-ruled, re-overturned, etc. ad nauseum and probably never hit the level of Supreme Court until Bush is out of office.

And, even if it ever does come down to what it should - executive order vs. the 4th Amendment - I wonder what the ruling would be? The last time the Supreme Court told a President his EO was unconstitutional, he ignored them and told them to try and stop him.

Q
Cyfiere said…
Judging from past behavior, I would expect his reaction would be somewhere between "try and stop me" and "stuff it".