Judge Rejects Bush's Stance On Wiretaps

Says Current FISA Law Does Not Allow Executive Branch To Overstep Law

(CBS/AP)  A federal judge said that President Bush does not have the constitutional authority to overstep the law establishing the government's ability to conduct warrantless wiretaps on American citizens.

U.S. District Court Judge Vaughn Walker on Wednesday said that when Congress passed the Foreign Intelligence Surveillance Act in 1978 it established the "exclusive" means for engaging in wiretaps, and that the president in his capacity as commander in chief could not evade that law.

At the same time, Judge Walker barred the U.S. branch of the now-defunct Al Haramain Islamic Foundation, an Islamic charity based in Ashland, Calif., from using a top secret document to push forward its lawsuit challenging the government's surveillance of that group.

He gave the foundation 30 days to refile its lawsuit with other evidence proving it was a surveillance target.

The Al Haramain's lawyers had claimed federal officials illegally eavesdropped on their telephone calls without court approval under the administration's so-called Terrorist Surveillance Program.

At the heart of the challenge was a top secret call log that the Treasury Department accidentally turned over to Al Haramain's lawyers, who say it showed government terrorist hunters listened to their phone conversations with foundation officials living in Saudi Arabia.

Al Haramain lawyer Jon Eisenberg last year told Walker that the lawsuit is dead without the use of the call log to prove illegal surveillance.

But several public disclosures about the Bush administration surveillance program in general and about the charity's role in particular since then could help Al Haramain lawyers prove their case, Eisenberg said after the ruling was issued late Wednesday.

Government lawyers did not immediately return a call for comment.

Last year, the 9th U.S. Circuit Court of Appeals also barred the foundation lawyers from using the log as evidence after the Bush administration invoked the so-called state secrets privilege, arguing that to do so would harm national security interests.

But the appeals court sent the case back to Walker to determine if the privilege is trumped by the Foreign Intelligence Surveillance Act. The act, known as FISA, was passed by Congress in 1978 and requires government investigators to obtain a warrant from a secret court in Washington to conduct electronic eavesdropping of suspected terrorists inside the country.

Walker did rule that FISA does trump the state secrets privilege:

"Congress included in the FISA bill a declaration that the FISA regime, together with the Omnibus Crime Control and Safe Streets Act of 1968 … were to be the “exclusive means” by which domestic electronic surveillance for national security purposes could be conducted. … This provision and its legislative history left no doubt that Congress intended to displace entirely the various warrantless wiretapping and surveillance programs undertaken by the executive branch and to leave no room for the president to undertake warrantless surveillance in the domestic sphere in the future.

However, Walker still barred Al Haramain's lawyers from using the National Security Agency call log they accidentally received.

While conceding Walker's ruling was a setback for his client, Eisenberg contended the government also suffered a loss when Walker ruled that FISA trumps the government's ability to invoke the so-called state secret privilege, as it did in the Al Haramain case.

"The broader picture is that this is a big loss for the government," Eisenberg said.

That aspect of Walker's ruling could boost some 40 other cases pending against telecommunication companies that allegedly cooperated with the government's warrantless wiretapping program. The government is also invoking the state secrets privilege as it seeks to toss out those lawsuits.

Congress, however, is scheduled next week to vote on whether to grant the companies legal protection from those lawsuits.

[helencarter1]

Bush is a scumy criminal, thats why we need to keep McCain out of office. Join us www.theseriouspolice.com

[riptide213]

From, The Second Reply to Hayne, Daniel Webster
January 26 to 27, 1830

The people, then, Sir, erected this government. They gave it a Constitution, and in that Constitution they have enumerated the powers which they bestow on it.

They have made it a limited government. They have defined its authority.

They have restrained it to the exercise of such powers as are granted; and all others, they declare, are reserved to the States or the people. But, Sir, they have not stopped here. If they had, they would have accomplished but half their work. No definition can be so clear, as to avoid possibility of doubt; no limitation so precise, as to exclude all uncertainty. Who, then, shall construe this grant of the people? Who shall interpret their will, where it may be supposed they have left it doubtful? With whom do they repose this ultimate right of deciding on the powers of government? Sir, they have settled all this in the fullest manner. They have left it with the government itself, in its appropriate branches.

[brianbwb-2009]

"IS THIS THE PLAN FOR AMERICA THAT IS BEST FOR AMERICA?
Consider these CHANGES/DIRECTIONS and think again, please." Posted by JTait2

Sounds like a plan to me.

Now if only we can make at least half of your fears came true...

[feelfree4u]

Re: "Judge Rejects Bush''s Stance On Wiretaps"

Was it a wide-stance?

In any case, it is good to see the regime getting increasingly kicked in the teeth with the rule of law.

[clovisbuford]

LET THEM KNOW YOU WANT HILLARY!!!!!
Posted by JTait2 at 07:24 PM : Jul 05, 2008
This same troll is on all the posts at CBS ..what do you get a dollar a posting?they have little to do with the article material.Its obviously someone trolling for Mccain which is ironic in they are trolling CBS which right wingers love to hate.

[neobrian-2009]

Shrub`s Wide Stance Against Basic Freedoms ,.
This GOP Sect ,led by King W ,is a " FREEDOM KILLER"
We have a Constitution to Live by,Not to substitute for Charmin ! Shrub & Dead-eye Dicck should be waterboarded daily while awaiting their trial for " Crimes against Humanity ",..This GOP Sect has literally destroyed the fabric of our once proud nation. The people have clearly witnessed a ''hijacking'' of our government.Corporape USA has bought our country. We ARE Taking it back !
Vote Democratic ! NO MORE ''Evil GOP Sect ''Members "
Vote Democratic ! Don`t be misled by '' CEO Criminals '' like Shrub ! It`s Time to Eradicate this heinous Villain !

[benighse]

"JANUARY 20, 2009 -- THE END OF AN ERROR"

[komoncents]

Planning terrorist activities on U.S. soil with terrorists abroad via phone is neither a RIGHT OR PRIVILEGE.
Who''''''''s talking hypocrisy?????
Posted by patriot_tx1

Nor was wiretapping Americans without the FISA court approval a right or a privilege, and was absolutely in violation of the law - a criminal act and an impeachable offense.

No big deal to Bush who''s killed nearly a million folks in the mideast , many innocent women and children, for bloody oil profits.

Don''t defend this mass murderer.

[randynason]

"The best part of George ran down my leg. He''s a chip off the old cow-pie."

Babs Bush

[patriot_tx1]

What I find so amazing is the Bush administration''''s ability to say activist judges are inventing new ''''rights'''' when it does the same thing with its claims to executive privilege and other ''''privileges'''' that it trumps up. No wonder hypocrisy is the most oft named sin in the Bible: it''''s the easiest to commit. And the Bush is its poster boy -- Do as I say, not as I do.

Posted by sigotratando

------------------

Planning terrorist activities on U.S. soil with terrorists abroad via phone is neither a RIGHT OR PRIVILEGE.
Who''s talking hypocrisy?????

[sigotratando]

What I find so amazing is the Bush administration''s ability to say activist judges are inventing new ''rights'' when it does the same thing with its claims to executive privilege and other ''privileges'' that it trumps up. No wonder hypocrisy is the most oft named sin in the Bible: it''s the easiest to commit. And the Bush is its poster boy -- Do as I say, not as I do.

[achilles281]

woody wood pec-ker...drilling machine

[achilles281]

woody wood ***.....drilling machine....

[sidvicious75]

Peckkkkers unchecked leaveth peckkkerstains. - sidvicious75

[slader99]

George Bush displays all the characteristics of the sociopath. Here is the sociopathic checklist, as used by the professionals.

http://www.sociopathicstyle.com/traits/classic.htm

[godseyesore-2009]

It is about time the idiot was smacked down. Now bury him and be done with it.
tiddsanbeer and swwils too.
Gene pool doesn''t need nazi brains.
I notice they didn''t respond to rafterman1''s challenge.
Dolts.

[vnveteran72]

Treason against our Nation is now Rampant and involves every facit of our Government. 105 Democrat Members of Congress voted for this Traitorous, Illegal and Unconstitutional POS Legislation, and Shrillary, Barack, and Pappy McOldshrub all concurr.
Our Nation is being taken over by Scumbag Traitors and only Direct Action against them will stop it.
How many Fatazzed, KKKoolaide Swilling, McDonalds Shoveling, "Citizens" will actually ever stand up and fight for our Nation, Constitution, and Rule of Law, against these Criminals???.......Will new Patriots stand up, or will the Founding Fathers Dream be extinquished forever??? Make no mistake, we are in a fight for the very existence of our way of life.

[godseyesore-2009]

It is about time the idiot was smacked down. Now bury him and be done with it.
tiddsanbeer and swwils too.
Gene pool doesn''t need nazi brains.
I notice they didn''t respond to rafterman1''s challenge.
Dolts.

[formrusmcsgt]

"A federal judge said that President Bush does not have the constitutional authority to overstep the law...."

A concept that dubya has obviously failed to grasp throughout his term....

[tootall10142]

phone taps helfire windows vista !