http://detnews.com/apps/pbcs.dll/article?AID=/20061016/POLITICS/610160337/1003/METROJim Irwin / Associated Press
ACLU information on the case: www.aclu.org/nsaspying
National Security Agency: www.nsa.gov
DETROIT -- The Justice Department asked a federal appeals court to throw out a lower court decision that said the Bush administration's warrantless surveillance program is unconstitutional.
The president has said the program is needed in the war on terrorism. U.S. District Judge Anna Diggs Taylor in Detroit agreed with the program's opponents when she ruled Aug. 17 that the program violates the rights to free speech and privacy and the separation of powers.
Government lawyers said in pleadings filed Friday with the 6th U.S. Circuit Court of Appeals that the surveillance program "is necessary to protect the nation from an ongoing national security threat of the highest order and is vital to waging and winning the ongoing armed conflict."
Taylor's injunction "dismantles a vital tool that already has helped detect and disrupt al-Qaida plots," the Justice Department attorneys argued. They also said Taylor's order barring use of the program "in any way" showed the judge dealt with sensitive national security issues in a "blunderbuss manner."