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<b>Online Exclusive:</b> District Court Judge Rules Against NSA Wiretapping; Ruling to Enforce Injunction Delayed Until Sept. 7
U.S. District Judge Anna Diggs Taylor recently ruled that the National Security Agency's ('NSA') warrantless surveillance program is unconstitutional, and she issued an injunction to end the surveillance program. Within a day of her ruling, the Justice Department filed a notice of appeal to the Sixth U.S. Circuit Court of Appeals. The case is ACLU v. NSA.
The opinion is seen as highly significant because it is the first in which a federal court has struck down the surveillance program. 'Government spying on innocent Americans without any kind of warrant and without Congressional approval runs counter to the very foundations of our democracy,' said Anthony D. Romero, ACLU executive director. 'Now Congress needs to do its job and stop the president from violating the law.'
In announcing that the Justice Department would appeal, White House press secretary Tony Snow said the NSA's program has a critical security purpose and that it would continue while Taylor's ruling is stayed. As per an agreement with the ACLU, enforcement of the ruling has been delayed until the appeals court judge hears oral arguments on Sept. 7. 'The NSA carefully targets communications of suspected terrorists and 'has helped stop terrorist attacks and saved American lives,' said Snow.
The lawsuit was filed in January 2006 by the American Civil Liberties Union ('ACLU'), which argued that the 1978 Foreign Intelligence Surveillance Act ('FISA') set clear limits on the types of monitoring that are permissible. FISA created a secret court that reviews NSA surveillance requests quickly and almost always in favor of NSA.
The ACLU also argued that the surveillance program is violating Americans' rights to privacy and free speech, and Judge Taylor agreed. 'It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,' she wrote in her opinion. 'The three separate branches of government were developed as a check and balance for one another.'
Elsewhere in the opinion, Taylor wrote: 'There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution ' The public interest is clear, in this matter. It is the upholding of our Constitution.'
U.S. District Judge Anna Diggs Taylor recently ruled that the National Security Agency's ('NSA') warrantless surveillance program is unconstitutional, and she issued an injunction to end the surveillance program. Within a day of her ruling, the Justice Department filed a notice of appeal to the Sixth U.S. Circuit Court of Appeals. The case is ACLU v. NSA.
The opinion is seen as highly significant because it is the first in which a federal court has struck down the surveillance program. 'Government spying on innocent Americans without any kind of warrant and without Congressional approval runs counter to the very foundations of our democracy,' said Anthony D. Romero, ACLU executive director. 'Now Congress needs to do its job and stop the president from violating the law.'
In announcing that the Justice Department would appeal, White House press secretary Tony Snow said the NSA's program has a critical security purpose and that it would continue while Taylor's ruling is stayed. As per an agreement with the ACLU, enforcement of the ruling has been delayed until the appeals court judge hears oral arguments on Sept. 7. 'The NSA carefully targets communications of suspected terrorists and 'has helped stop terrorist attacks and saved American lives,' said Snow.
The lawsuit was filed in January 2006 by the American Civil Liberties Union ('ACLU'), which argued that the 1978 Foreign Intelligence Surveillance Act ('FISA') set clear limits on the types of monitoring that are permissible. FISA created a secret court that reviews NSA surveillance requests quickly and almost always in favor of NSA.
The ACLU also argued that the surveillance program is violating Americans' rights to privacy and free speech, and Judge Taylor agreed. 'It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights,' she wrote in her opinion. 'The three separate branches of government were developed as a check and balance for one another.'
Elsewhere in the opinion, Taylor wrote: 'There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution ' The public interest is clear, in this matter. It is the upholding of our Constitution.'
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