Judge: Wiretap program unconstitutional

This is Round One, but does suggest that the Administration is in for
an interesting period of time, especially if they defy the judge's
order.

Posted on Thu, Aug. 17, 2006

Judge: Wiretap program unconstitutional

SARAH KARUSH
Associated Press

DETROIT - A federal judge ruled Thursday that the government's
warrantless wiretapping program is unconstitutional and ordered an
immediate halt to it.

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.

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
secretly listening to conversations between people in the U.S. and
people in other countries.

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.

http://www.fortwayne.com/mld/newssentinel/news/local/15296522.htm

order
http://www.talkingpointsmemo.com/docs/wiretapping-injunction/

.

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