Thursday, August 17, 2006
Warrantless Wiretapping Ruled Unconstitutional
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 as well as the separation of powers enshrined in the Constitution. "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.Courtesy of Think Progress, via Atrios, here are PDF files of Judge Taylor's decision and of the injunction.
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According to Glenn Greenwald, this is the one truly bad thing about an otherwise-excellent bit of news:
The court here did, however, grant the administration's motion to dismiss the part of the case challenging the constitutionality of the data-mining program, on the ground that it has not yet been confirmed, and litigation of its legality would therefore require disclose of state secrets).
Everything else is an utter rebuke of Bush and Abu Gonzales. And since it's grounded in Constitutional law, not even Specter's proposed law can touch it.
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The court here did, however, grant the administration's motion to dismiss the part of the case challenging the constitutionality of the data-mining program, on the ground that it has not yet been confirmed, and litigation of its legality would therefore require disclose of state secrets).
Everything else is an utter rebuke of Bush and Abu Gonzales. And since it's grounded in Constitutional law, not even Specter's proposed law can touch it.
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