Bush Stands By Wiretap Program
'Strongly Disagrees' With Judge's Ruling Against Warrantless Wiretaps
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Bush To Appeal Wiretap Ruling
CBS News RAW: President Bush says he strongly disagrees with the ruling declaring his administration's wire tapping program to be unconstitutional and plans to appeal the decision.
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President Bush during a news conference on Friday, Aug. 18, 2006 in Camp David, Md. (AP)
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In his first public comment on the matter, Mr. Bush said he "strongly disagrees" with the judge's ruling and believes the program is needed to protect the nation, CBS News White House correspondent Mark Knoller reports.
"I would say that those who herald this decision simply do not understand the nature of the world in which we live. I strongly disagree with this decision," he told reporters at the presidential retreat in Camp David.
"We strongly believe it's constitutional and if al Qaeda is calling into the United States we want to know why they're calling," he said.
The Justice Department is appealing the ruling.
On Thursday, 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 U.S. 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.
The parties in the lawsuit agreed to a delay of the injunction to stop the surveillance until they can argue before Judge Taylor for a stay pending appeal, CBS News producer Beverley Lumpkin reports.
U.S. Attorney General Alberto Gonzales said the surveillance program has been "very effective" in protecting Americans.
"We believe very strongly that the program is lawful. ...," Gonzales said in Washington. "We respectfully disagree with the decision of the judge and have appealed the decision."
The American Civil Liberties Union filed the lawsuit on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which involves monitoring phone calls and e-mails between people in the U.S. and those in other countries, without obtaining warrants from a judge, when a link to terrorism is suspected.Read the district court opinion.
The government argued that the program is well within the president's authority, but said proving that would require revealing state secrets.
The ACLU said the state-secrets argument was irrelevant because the Bush administration already had publicly revealed enough information about the program for Taylor to rule.
"At its core, today's ruling addresses the abuse of presidential power and reaffirms the system of checks and balances that's necessary to our democracy," ACLU executive director Anthony Romero said in a conference call with reporters.
He called the opinion "another nail in the coffin in the Bush administration's legal strategy in the war on terror."
The Justice Department said it had appealed Taylor's ruling because the program is "an essential tool for the intelligence community in the War on Terror."
"In the ongoing conflict with al Qaeda and its allies, the President has the primary duty under the Constitution to protect the American people," the department said in a statement. "The Constitution gives the President the full authority necessary to carry out that solemn duty, and we believe the program is lawful and protects civil liberties."
Taylor's ruling won't take immediate effect. The Justice Department said it had reached an agreement with the ACLU to postpone implementing the order until Taylor hears its request for a stay pending appeal. A hearing on the motion was set for Sept. 7, Snow said.
While siding with the ACLU on the surveillance issue, Taylor dismissed a separate claim by the group over NSA data mining of phone records. She said not enough had been publicly revealed about that program to support the claim and further litigation would jeopardize state secrets.
The lawsuit alleged that the NSA "uses artificial intelligence aids to search for keywords and analyze patterns in millions of communications at any given time." Multiple lawsuits have been filed related to data mining against phone companies, accusing them of improperly turning over records to the NSA.
However, the data mining was only a small part of the Detroit suit, said Ann Beeson, the ACLU's associate legal director and the lead attorney on the case.
In the decision, Judge Taylor quoted Justice Earl Warren from the 1967 case, U.S. v Robel, Lumpkin reports.
"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," Taylor wrote.
©MMVI, CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Read the district court opinion.



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See all 82 CommentsThe president (government) must use the courts to %u201Cwire tap%u201D, to search and seize, to arrest and detain. All evidence against a person must be brought in public, and accusers seen face to face. BUSH%u2019s data bases both foreign and domestic must be destroyed.
Thank god for the ACLU
Case and point: How many people died on Sept. 11? (2973) How many soldiers have died in the "War on Terror"? (2835) How many men, women and children have died this month alone in Iraq?(3400)
And if caught, for your defense you use the taxpayers money to fight laws that you don't think are right?
Is this what he wants to teach our children?
SearingTruth
"History does not record a government of the people assured in secret."
SearingTruth
"Who would say freedom is not free, with the price being freedom itself."
SearingTruth
"We need not debate the existence of our three branches of government, only the punishment for those who would destroy them."
SearingTruth
"Republicans are in a unique historical position. They are the first group of people raised on this land, who call themselves Americans, that openly proclaim the virtues of torture, secret prisons, extrajudicial abduction, universal surveillance, and dictatorial government."
SearingTruth
"I love my fuehrer. If he wants to break the law, that%u2019s OK. He is the law."
1942, Warsaw Ghetto, Unknown German Citizen, Observing a decomposing mass
I am willing, and you should be too, to begin to scarfice some of you rights, for your own protection! We are living in a different time, and place than when the laws were written that protected our freedoms. If we do not change our way of thinking and fighting, and re-write our own laws, the terrorist will do that for us.
You ...YOU...have the right to die!!
Don't bother replying to this comment... until you wake up America. We are at war... We have been since the 1980's. It is a different war. Much like the Early Americans changed the way the fought to beat the British, so has the terrorist changed the way that they are going to beat us! Don't help them...Please!! Please!! wake up!
Visit infowars.com and prisonplanet.com
S_Colbert
Uh oh ... www.searingtruth.com
"I would rather be exposed to the inconveniencies attending too much liberty than those attending too small a degree of it."
Thomas Jefferson, letter to Archibald Stewart, Dec 23, 1791
"Any country, who by power of its moral authority and appeal to conscience obtains world predominance, will certainly perish when asserting its right to immoral and unconscionable crime."
SearingTruth
"Enlighten the people, generally, and tyranny and oppressions of body and mind will vanish like spirits at the dawn of day."
Thomas Jefferson, letter to Dupont de Nemours, April 24, 1816
"I wanted only a freedom for all that I had coveted for myself."
SearingTruth
SearingTruth
SearingTruth
SearingTruth
"War crimes must be punished."
SearingTruth
"Where are my shorts? I've lost them and I can't get up (the NSA is watching)%u2026"
SearingTruth
"The Kingdom of the Foil Hat is over."
SearingTruth
These guys LOVE to brand others "activists" anytime there is a disagreement. It's almost like watching children interact.
-Chuck
http://BlackWednesday.org
SearingTruth
"I at once understood everything and nothing at all. A victory, accompanied by defeat. A war, with no prisoners. A threat, with no substance. A fear, with no end. A sorrow, with no comfort. And a land, with no freedom."
SearingTruth
Just like a president who swears an oath of office, and turns around and lies to congress and the American people. This administration as proven time-and-time again that it is not to be trusted. Why should we believe that he needs the power to wiretap with a warrant. The constitution (and its enforcement) is the only protection the American people have from this administration.
I just can't figure out why this president is still in office.
And now, he wants to lecture us on his understanding of law and the Constitution. The United States never has had in the Oval office somebody whose record shows such ignorance and hostility to the rule of law, not to mention Constititional protections.
Lest we forget, Bush is the best friend of America's enemies-- his blunders and delusions are rich material for a thriving al Qaeda, whose operatives around the world have grown exponentially since Bush took office in 2001. Bush gave a green light to the Israeli trashing of Lebanon, at the precise moment things would not have been worse for the American profile abroad.
Bush tries to wrap himself in the flag, but conveniently forgets 911 occurred on his own watch, no one else's. Iraq was his own lie of massive proportions, no one else's. In full denial, Bush resorts like a broken robot to the only thing he knows-- to lie, and lie again.
So, tell us more about that "piece of paper"...
some feeble minded tree huggers may not think so, but Islam has declaired war on our way of life, and its beyond reason that a competent administration would not do everything to protect this nation while its at war, including wiretaps of international calls....
S_Colbert
At the bottom - "This site is under construction Expected opening October 1, 2006"
At the side %u2013 Impatient enthusiasts can click Contact to request their own personal copy of AFOTB.
"Our enemies now proclaim that simple disagreement, or perceived inconvenience, justifies the destruction of our most sacred laws of liberty. In the cradle of Democracy, they still embrace only the rule of the single aberrant man."
SearingTruth
"We need not fear the beliefs of others, only their imposition upon us."
SearingTruth
The criminal George Bush must be impeached before he murders more innocents.
Remember the Saudis bombed the Trade Center not the Iraqis. Saddam was built up by Ronald Reagan, George bush, Rumsfeled and other evil Republicans.
Recall that CHIST was murdered by the same type of "leaders."
pwrsim
Hmmm... What makes you think they're only wire tapping terrorists?
"When everything is secret, everything is legal."
SearingTruth
Better that than to have all of our rights taken away and to live in a country that none of us recognize anymore.
It was a different time, different war on the horizon, and a different King George they had a problem with.
Illegal wiretapping is just one of many crimes that Bush and his henchmen have clandestinely committed under the faux cover of "national security".
"Just six years ago we were one of the most respected and admired defenders of democracy and human rights in history. Respected not only by our friends, but even begrudgingly by most of our enemies. In fact, even the fantastic power of our military paled in comparison to the overwhelming might of our moral authority.
Today we are a nation that operates secret prisons occupied by anonymous inmates, illegally abducted and held indefinitely without charge or representation. We are guilty of torture. We are guilty of murder. We are guilty of preemptive war of conquest. We are guilty of the wholesale surveillance of our population, suppressing all hope of privacy and free dissent. And we are guilty of disgracing our nation through the abandonment of even our most basic precepts of morality.
If this is not evil, then nothing we have ever fought against is evil, and nothing we have ever fought for is good."
SearingTruth, A Future of the Brave
It was a different time, different war on the horizon, and a different King George they had a problem with."
W_Kanger
"Tyranny and tyrants do not change, nor does the character of those who defeat them."
SearingTruth
"My friends, this administrations illegal and covert activities began the moment power was assumed, and one thing is very clear. Instead of working to make America safer after an attack on our nation, as all other American Presidents throughout history have done, George Bush and his accomplices simply used the event as a convenient excuse to accelerate their own attack on American liberty and freedom.
In fact, the terrorists must be ecstatic. To them it looks like they simply attacked once and the American Constitution self destructed.
And they probably haven't attacked again because they see no need to, the Republicans appear to have finished their work.
Of course, by now some may be wondering about the Democratic party. Why haven't I mentioned them?.
Well, it's simply because they made themselves irrelevant by never, ever, even once in the last six years, standing as a party to protect our Constitutional form of government.
On the contrary, they went along with every treasonous step, every single step of the way.
They have committed that most pathetic of crimes, apathetic accomplice.
There is simply nothing else to say about them."
SearingTruth, A Future of the Brave
"You seem...to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.... The Constitution has erected no such single tribunal."
Our system of checks and balances permits EACH branch to interpret the constitution and the powers granted therein, and check one another's actions. Not just the branch that agrees with you.
fingusername
Hmmm ...
"My friends, sometimes the most difficult thing about fighting evil is realizing that it actually exists, and then unambiguously and forcefully calling it what it is.
History shows time and time again that one of evils greatest strengths is its ability to disguise itself as good, or at least a temporary necessity, until that last fatal moment when its revelation becomes clear, indisputable, and inescapable.
So today let us take a clear and unadulterated look into the mirror at ourselves.
Just six years ago we were one of the most respected and admired defenders of democracy and human rights in history. Respected not only by our friends, but even begrudgingly by most of our enemies. In fact, even the fantastic power of our military paled in comparison to the overwhelming might of our moral authority.
Today we are a nation that operates secret prisons occupied by anonymous inmates, illegally abducted and held indefinitely without charge or representation. We are guilty of torture. We are guilty of murder. We are guilty of preemptive war of conquest. We are guilty of the wholesale surveillance of our population, suppressing all hope of privacy and free dissent. And we are guilty of disgracing our nation through the abandonment of even our most basic precepts of morality.
If this is not evil, then nothing we have ever fought against is evil, and nothing we have ever fought for is good."
SearingTruth, A Future of the Brave
%u201CMy Friends%u201D %u2013 politician. I don%u2019t know who you are referring to when you say %u201Cwe are guilty of torture%u201D %u2013 I believe that was a select few that actually committed torture and we had the good sense to punish them %u2013 but, you may identify with them if you wish. %u201Cguilty of a preemptive war of conquest%u201D ? See the first paragraph. %u201Cguilty of the wholesale surveillance%u2026 suppressing all hope of privacy and free dissent%u201D %u2013you call the Middle East that often, huh ? Maybe you do need to be listened in on. Not that you%u2019d necessarily be a terrorist. But the odds do go up. So you have spoke your dissent %u2013 let me speak mine about yours. Why are you so paranoid ?
%u201CAbandonment of most basic precepts of morality%u201D %u2013 that, sir, would be running down the street nude, screaming profanities at nuns and monks, all the while shooting at babies with the intent to maim.
I did notice you were able to use the word %u2018guilty%u2019 five times in one paragraph. Yup, he%u2019s definitely journalism material. Hype what you can, lie about the rest, it sells advertising.
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