Judge Rules Against Government in Spying Lawsuit

[LiberalHeart]

SAN FRANCISCO (AP) -- A federal judge Thursday rejected a government request that he dismiss a lawsuit challenging the Bush administration's domestic spying program.
The lawsuit, brought by the Electronic Frontier Foundation, challenges President Bush's assertion that he can use his wartime powers to eavesdrop on Americans without a warrant.

http://wtol.com/Global/story.asp?S=5177172

[Mandate My Ass]

1. woo hooo

Damn activist liberal judge, from San Francisco no less, I love you! :woohoo:

[Ringo84]

5. Mandate My Ass

There's truth in that remark. An "activist judge" is whoever doesn't agree with RW rhetoric. There are plenty of "activist judges" in the regime however that are trying to claim that the Constitution doesn't say what it says.
Ringo

[Mandate My Ass]

10. you got that right

According to this analysis by legal scholars, Thomas, Kennedy, Scalia and Rehnquist are the most activist judges in SCOTUS.

http://george.entenman.name/blog/?p=22

And don't get me started about Bush v. Gore. :puke:

[Supersedeas]

32. Tell it, tell it!!!

[neverforget]

2. But I'm the Decider and Commander in Chief which gives me the

right to do anything I want! The Constitution is only a piece of paper! Damn activist judge puts Americans security at risk! The terrorists are going to win! Terror! Terror! Terror!

:sarcasm:

[gratuitous]

3. Ruh roh Rorge

Looks like some folks in a position to make a difference are losing their fear of you. This could turn out very bad. Perhaps you could save a little time now by deciding whether you want the black or floral print blindfold, and if you want a regular or menthol cigarette.

[petgoat]

17. Save Bush for The Hague. Condi, Rummy, Cheney too. nt

[Gregorian]

19. The Decider says!

Uncle Dick!


Just when we are all at the very frazzled ends of our ropes, some, tiny, little, bit of good news goes a long way.


I still say they blew it by not finding a way to privatize the judicial system. Dummies!

[rodeodance]

4. I believe the other two were dismissed so this was our last hope.

[rumpel]

6. Wonderful News!

thanks

[rodeodance]

9. it is an AP story--should get some coverage

[rodeodance]

7. jeopardize the war on terror.-----

The government had argued that the lawsuit should be thrown out because it threatens to reveal state secrets and jeopardize the war on terror.

Posted by PJS

The Associated Press contributed to this report.

[bemildred]

8. He has no wartime powers. We are not a war. Snow said so. nt

[UpInArms]

16. Gonzo said that, too

under oath - to Feinstein

:kick:

[rodeodance]

11. RECOMMEND and pass to all.

[rubberducky]

12. Happy Day!!!!!!!!!!!!!

:applause:

[skooooo]

13. 9th circuit???

They're a bunch of liberals!!!!!

[yorkiemommie1]

31. GOP would like 'regime change' in 9th circuit

i'm sure it's on their agenda.

[UpInArms]

14. related: Judge denies At&T, government motion to dismiss wire-tap case

http://www.marketwatch.com/News/Story/Story.aspx?dist=newsfinder&siteid=mktw&guid=%7B7A923978%2D7FAB%2D404C%2D8139%2D3E7256C987D7%7D&symbol=

NEW YORK (MarketWatch) -- A district judge denied a request by AT&T Inc. (T) and the U.S. government to dismiss a lawsuit alleging the two had illegally tracked domestic and foreign telephone calls.

"The court denies the government's motion to dismiss...on the basis of state secrets and denies AT&T's motion to dismiss," U.S. District Judge Vaughn Walker said in a court order filed Thursday.

The lawsuit, filed by the Electronic Frontier Foundation, accuses AT&T of illegally working with the National Security Agency to eavesdrop and track phone calls without warrants.

The complaint is largely based on documents provided by a former AT&T technician, Mark Klein, who talked of a "secret room" that was installed at AT&T's network facility in San Francisco. Reports indicate there may have been other such facilities throughout AT&T's network.

The San Antonio phone company argued that it should be immune from persecution since it received government authorization to conduct the surveillance. On April 28, it filed to dismiss the suit.

...more...

Chalk one up for the good guys! :bounce:

[wtmusic]

15. Without the current judiciary holding up their end of the Constitution

all would be lost. The other two branches are redlining.

[petgoat]

18. James Fetzer made a very important point recently about

Bush's signing statements.

In making those statements he is taking upon himself the right to interpret the law and
to rewrite it, so the executive is usurping the powers of the judicial and legislative
branches.

[pberq]

20. Yes -we have a constitutional crisis

The legislature needs to act and demand that the administration return to its constitutional role. Otherwise - impeach!

[cal04]

21. Judge Refuses to Dismiss Spying Lawsuit

A federal judge Thursday refused to dismiss a lawsuit challenging the Bush administration's domestic spying program, rejecting government claims that allowing the case to go forward could expose state secrets and jeopardize the war on terror.

U.S. District Judge Vaughn Walker said the warrantless eavesdropping has been so widely reported that there appears to be no danger of spilling secrets.

Dozens of lawsuits alleging that telecommunications companies and the government are illegally intercepting Americans' communications without warrants have been filed. This is the first time a judge has ruled on the government's claim of a "state secrets privilege."

"It might appear that none of the subject matter in this litigation could be considered a secret given that the alleged surveillance programs have been so widely reported in the media," Walker said.

http://www.washingtonpost.com/wp-dyn/content/article/2006/07/20/AR2006072001187.html?nav=rss_nation/special

[Vidar]

22. Applauding another courageous judge.

[Just Me]

23. I celebrate every victory, big or small.

I have to in order to retain some sense of my own sanity.

[rurallib]

24. Hang in there

Can anyone hear the "liberal judge" calls yet? "Makes his own rules" "The president is fighting a war and this judge wants to give the enemy our secrets"?

[crim son]

25. Excellent.

He'd better hire a bodyguard. He's defied the Pretzel.

[OnyxCollie]

27. Noticed something in the WP article.

This right here:

AT&T, based in San Antonio, said in a statement that it values customers' privacy, but also recognizes its "obligation to assist law enforcement."

If this spying was to intercept "signals intelligence" between foreign powers or agents of foreign powers planning an attack against the US, then that is foreign intelligence gathering, NOT law enforcement. Spying for law enforcement purposes is regulated by the Omnibus Crime Control and Safe Streets Act of 1968 (Title III) and it requires a higher degree of probable cause than FISA. Also, Title III was amended to show that both Title III and FISA were to be the "exclusive" means for wiretapping, "unless otherwise authorized by statute." Bushco has been trying to spin the AUMF as that statute, but it's a total bullshit argument, and with the SCOTUS rejecting the military tribunals it's hard to believe even they would let that one slide.

If you haven't read it, I would suggest reading Tom Dashele's editorial, "Power We Didn't Grant." Find out what bushco wanted before the AUMF was drafted, and what they tried to get in at the last minute. Read it and tell me the anthrax (that everyone has forgotten about: "No attacks since 9/11.") that was sent to Dashele less than three weeks after passing the AUMF was just a coincidence.

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/22/AR2005122201101.html

[annabanana]

28. This item deserves it's own thread..

(I would recommend this post if I could). The information deserves wider disssemination.

[Robbien]

26. PCWorld News has more details on the story

The case still could be halted. In his decision, the judge allowed the parties to make an instant appeal to a higher court, a move that could lead to all or part of the case being stayed.

Handling State Secrets

To deal with the issue of state secrets, Walker proposed naming an independent expert to decide whether certain disclosures might endanger national security. He asked for arguments from the parties on why an expert should not be appointed, as well as possible nominees. That expert would be someone with high-level clearances and intelligence experience, he said.
Attorneys for the plaintiffs praised Walker's decision.

"He rejected the government's bold attempt to sweep this entire case under the rug on day one," said Robert Fram, an attorney from Heller Ehrman LLP who is working with the EFF on the case. Attorneys from the EFF also praised the idea of an independent expert. Evidence should be looked at from a state-secrets perspective one piece at a time, they said.

Too much information has already been disclosed to stop the case, Walker wrote in his decision. "The very subject matter of this action is hardly a secret," he wrote. Statements by the George Bush administration have disclosed the general outline of an antiterrorist surveillance program, and AT&T has said that it assists the government with classified matters, he said. In addition, AT&T can't claim to be immune from lawsuits just because it is a carrier following government orders, he said.

http://www.pcworld.com/news/article/0,aid,126491,00.asp

[flpoljunkie]

29. K&R. This story is apparently not being covered in the MSM.

[grannylib]

30. Since Gonzo stated the other day in open testimony that the AUMF is

'clearly different' from a declaration of war, let's repeat:
How can Chimpy HAVE 'war powers??'

WTF????

[mvd]

33. This shows that not all hope is lost yet

Their power grab is still checked a little bit. This is as urgent as global warming, though - the country must turn the corner now.