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Federal Judge Rejects Wiretapping Powers
A federal judge in the Northern District of California has ruled in favor of a challenge to the Bush Administration's terrorist surveillance program, saying that the Executive branch has no authority to conduct warrantless surveillance except under the conditions set forth by Congress in the 1978 Foreign Intelligence Surveillance Act. The lawsuit, brought by the Al-Haramain Islamic Foundation, a Muslim charity, alleged that the National Security Agency violated the FISA Act when it secretly monitored the foundation's communications under the controversial program. The judge ruled that FISA is the "exclusive" means of conducting such surveillance and agreed with the foundation's complaint."Congress appears clearly to have intended to - and did - establish the exclusive means for foreign intelligence activities to be conducted. Whatever power the executive may otherwise have had in this regard, FISA limits the power of the executive branch to conduct such activities and it limits the executive branch's authority to assert the state secrets privilege in response to challenges to the legality of its foreign intelligence surveillance activities."The Bush Administration has consistently argued that the president's authority to order the surveillance stems from his inherent power as commander-in-chief of the armed forces. It says that enemy surveillance is a function of war fighting and not subject to congressional or court oversight. The Administration also argues that the terrorist surveillance program is legal since it monitors only communications in which at least one of the parties is outside the United States.
The judge's ruling in the case seems to run afoul of Constitutional law. Constitutional powers cannot be "limited" by statute, only by an amendment to the Constitution. Just as a presidential Executive Order declaring that Congress cannot pass a law raising taxes would be unconstitutional, it is similarly unconstitutional for Congress to pass a law limiting the president's authority to command the armed forces in war time. Supporters of the terrorist surveillance program argue that the war on terrorism trumps Congress's intent in the 1978 FISA Act, while the program's detractors say that FISA is the legitimate governing standard. Whatever the opinions of the opposing sides, this case seems destined to one day be decided by the Supreme Court.
Recent Comments
(Page 1 of 2)Voice of Reason7:12PMJul 3rd 2008
Hooray for the 4th Amendment to the Constitution!
ANYBODY-BUT-OBAMA10:39PMJul 3rd 2008
How will everyone feel if we get another 'nine-eleven'?
I would rather approve wiretapping powers than take a chance.
The Democratic Congress and their golden boy may just destroy our country.
Vote for McCain in 2008.
Wish Belkin10:57PMJul 3rd 2008
How long before the judge is accused of emboldening the terrorists?
Ron Paul for President !! (write it in)
Brian McNamara7:18AMJul 4th 2008
Senator Clinton and her campaign thought they won the nomination after Super Tuesday and did not compete in the follow-on caucus states and small states. As a result she got thumped and the momentum turned to Senator Obama. This was a serious strategic error by the Clinton campaign. Ya can't rest on your laurels if you want to be President of the United States. Senator Obama earned this nomination by working hard and competing in all the states. I hope Senator McCain does not
rest on his laurels or he will lose by a landslide.
David S.8:37AMJul 4th 2008
Why does the Bush administration believe they can just ignore the 1978 FISA law? Bush surely has enough hotshot lawyers working for him that one of them can challenge the law and let the Supreme Court decide. It is these actions and numerous others that are responsible for the majority of the country not trusting this president.
Barack Obama8:39AMJul 4th 2008
Never fear… As your leader, I, Barack Obama, and my minions in congress pledge to use this predetermined economic crisis to expand government all the way into your homes.
This is our five points of the pentagram strategy
1. No longer will you have to struggle at parenting. We your friendly government wants ownership of your children.
2. No longer will you have to pay all these large car and home payments. We your friendly government will not only take over your car and house payments we want to own them.
3. No longer will you have teach your children how to live or who to think. Our government schools teach the children you once were responsible for. We your friendly government will provide them will a myriad of social-engineering techniques in order to make them good citizens of the state. Therefore we will indoctrinate them into hedonism, secular humanism, atheism; then create of culture where mindless entertainment, pornography, drug use, and alcoholism is so taboo that the life dysfunctions of laziness, apathy, idleness, worthlessness will cause them to lose their passion to care about what's true and real in this world. We want them to lose personal self-control so that we can control them. We your friendly government will now think "politically correct."
4. No longer will you have to worry yourself about the high prices that you pay. The masons from BOTH political parties worked behind the scene in government to create the economic hardships that you now face in order to prepare you, the public, to give up their personal property. That’s why it didn’t matter whether you voted for Kerry or Bush, both belonged to the same mason system. Therefore, we your friendly government wants to now own ALL your banks, businesses and have total and complete control over ALL Media outlets (including the Internet). We must filter everything out that would offend us. We will be the though police within your homes. The masons in this present administration laid the ground work for emanate domain. Now in my government all personal property and media must now be controlled and owned by your government America will now become our compound where all guns are outlawed so that our citizens lose the power to defend themselves. We your friendly government will be your only one source of protection.
5. No longer will you be allowed to worship any other god except your government. Our greatest objective in this new world order is a One world government and where government takes the place of God over the people in every nation. All people must bow down to their government.
And if you dare to DEFY us .... WE WILL CRUSH YOU!!! WE WILL CRUSH YOU!!! WE WILL CRUSH YOU!!! HA! HA! HA! HAAAAA!!!!
Thank you. This public service announcement was sponsored by the New World Order and Government for Change.
Yours truly,
Barack Hussein Osama Obama
Jan9:43AMJul 4th 2008
Like the 'war on drugs', the 'war on terrorism' isn't an actual war. It's a cutesy made-up term intended to show tough action is being taken against a particular problem. It also has no limits, so whatever changes and special privileges siezed by this administration under the excuse of being a 'wartime President' are meant to be permanent. This should be chilling to all Americans. It's a direct challenge to every intent of the Founding Fathers, the balance of powers and the Constitution.
ANYBODY-BUT-OBAMA11:33AMJul 4th 2008
HILLARY HELPED OBAMA BECOME A SENATOR --- THEN HE STABBED HER IN THE BACK.
THE DNC AND BIASED MEDIA "SELECTED" THEIR GOLDEN BOY --- HE WAS NOT "ELECTED" BY THE PEOPLE.
NOW HE'S MOVING FROM 'LEFT' TO 'CENTER'. HOW DOES THE DNC FEEL ABOUT THAT?
THIS MAN WILL DO OR SAY ANYTHING TO GET WHAT HE WANTS. HE DOES NOT CARE ABOUT THE PEOPLE OF AMERICA.
VOTE FOR JOHN McCAIN IN 2008.
NO-OBAMA12:05PMJul 4th 2008
This is for the few of you who have written comments such as "People are just harping on Michelle Obama's comments because they have no better argument for not electing Obama."
There are SEVERAL reasons to not elect Obama --- the most important reason being that he is a Socialist who wants to raise our taxes and dictate how we are to live.
And that is not to mention his "inexperience" and his associations with known domestic terrorists, a crook and a racist pastor who preaches hatred.
You folks need to look beyond the pretty speeches and see Barack Obama for what he is --- an empty suit.
This man is dangerous.
Vote for John McCain in 2008.
OBAMA-BIN-LIAR12:22PMJul 4th 2008
In a shocking reversal of Iraq War policy, Barack Obama moves to the RIGHT and now says he would be open to “redefine my policies” about a timeline for withdrawing troops after meeting with American military commanders during his trip to Iraq next month.
Obama, whose popularity in the Democratic primary was built upon a sharp opposition to the war and an often-touted he would bring all the troops home in 2009.-month gradual timetable for removing combat troops, dismissed suggestions that he was changing positions in the wake of reductions in violence in Iraq and a general election fight with Senator John McCain.
“I’ve always said that the pace of withdrawal would be dictated by the safety and security of our troops and the need to maintain stability. That a*sessment has not changed,” he said. “And when I go to Iraq and have a chance to talk to some of the commanders on the ground, I’m sure I’ll have more information and will continue to refine my policies.”
The Iraq war - a war Obama opposed before he was for it.
Just as Jeremiah Wright said the first time --- he’s just a politician.
WAKE UP America this is NOT American Idol, surely good sense will prevail in the voter booths across America and this guy will be sent packing --- along with his teleprompter!!!
John McCain has proven he loves American enough to die for us. He has two sons fighting for us now.
Vote for John McCain in 2008.
FLIP-FLOPPING-OBAMA1:17PMJul 4th 2008
GOOD OLE FLIP-FLOPPING OBAMA! BUT IT'S OKAY --- BECAUSE THE DNC AND BIASED MEDIA LOVE THEIR 'GOLDEN BOY'.
Obama believes the D.C. handgun law is constitutional --- In 2007.
Now his camp says --- DRUM ROLL PLEASE......
Obama Camp Disavows Last Year's 'Inartful' Statement on D.C. Gun Law.
Even an uncool kid like me can see a LIAR.
Obama is just a Liar --- liar, liar your ‘Elitist’ Wall Street COOL Versace Pants on fire.....
"Obama has sidestepped the question of whether the ban in the nation's capital runs afoul of the Second Amendment."
Now he's using the George W. Bush stance in Iraq!
Side-Stepped? Move to the side? --- Which Side? ---
Up, down, to the left, to the right --- It's THE "HUSTLE"!
VOTE McCAIN IN 2008.
RACIST-ANTI-AMERICAN2:36PMJul 4th 2008
BARACK HUSSEIN OBAMA SHOULD NOT BE IN THIS RACE --- HILLARY SHOULD BE. THE DNC AND BIASED MEDIA "SELECTED" OBAMA --- HE WAS NOT "ELECTED" BY THE PEOPLE.
HE'S STILL DOING THE "HUSTLE" --- MOVE TO THE LEFT --- THEN TO THE RIGHT! HE'LL SAY AND DO ANYTHING TO GET WHAT HE WANTS.
DID JEREMIAH WRIGHT SAY: "HE'S JUST A TYPICAL POLITICIAN"? THEY'LL SAY ANYTHING TO GET WHAT THEY WANT.
OBAMA FOUGHT TO HAVE IMUS FIRED WHEN HE SPOKE AGAINST "ONE" BALL TEAM. HE SAID NOTHING WHEN RENE MARIE INSULTED AND DISRESPECTED "MILLIONS" OF AMERICANS.
BLACK ANTHEM??? IS THERE A BLACK COUNTRY?
Rene Marie is hiding behind the excuse of "artistic expression". Why couldn't she be proud to sing the National Anthem of the United States? Remember what happened to Imus? He insulted “one” ball team. This woman insulted “millions” of Americans.
"The Black NATIONAL Anthem"? THERE IS NO BLACK NATION! IS THIS WOMAN CRAZY?
I did not know there was a Black National Anthem. Where is this black nation? Do we need a passport to go there?
Are Hispanics allowed in the Black Nation? Exactly
where is it?
This singer opened up a can of worms. It's the "black anthem" ... period.
She should have sung the traditional national anthem and announced she wanted to sing "Lift Every Voice" afterwards.
If she has a problem with the National Anthem, then she could decline the invitation. This was not just poor taste --- this was a real shame. She was more than unprofessional. I might have believed she was drunk. The message she sent was certainly selfish and divisive. Now she has to "deal with it", as she says. An apology would be the considerate thing to do. Being considerate of others does not seem to be one of Rene Marie's qualities. She chose her own race as more important than all others on this occasion. This kind of shame will stay with her.
Many Black-Americans would be offended if a country singer got up and sang "Dixie" and declared it an alternative national anthem.
I see this rendition as nothing different. As hard a song as it is to sing, the “Star Spangled Banner” is our “National Anthem”. Think about it this Fourth of July.
God Bless America.
VOTE JOHN McCAIN IN 2008.
DENNIS MCCULLOUGH4:04PMJul 4th 2008
Fight-on,grow stronger and impeach.Bush is a another
Nixon,I read three articles of impeachment of Nixon
that fit Bush.If theres Kucinich 60 articles of impeachment that Kucinich can file than 35 exist plus.
Like Nixon who was tapped,Bush is tapped for the porpose of impeachment.I back the stopping of illegal
wiretapping and the impeachment of Bush/Cheney.Acording to ridge Bush/Cheney full of bogus terror attacks.fight on,grow stronger,impeach.
DENNIS MCCULLOUGH4:38PMJul 4th 2008
VOTE:NADER/GONZALEZ fOR pRESIDENT.
NO OBAMA,Obama will never be president,Anyhow nobody
worships the Goverment.It civilian built.Civilian, powered
always will.
Vote Nader for change
Splash5:57PMJul 4th 2008
Don't let your guard down folks! They are still going to wiretap so watch what you say to Grandma.
This is yet another example of a liberal judge legislating from the bench when his sole responsibility is to interpret the constitution. Interpretation is not what this judge is doing here.
This judge is attempting to put the war on terror on hold for the dems and I hope that his loved ones aren't in the next building that blows.
In a time of war, it is absolutely constitutional for a President to listen in on ALL COMMUNICATIONS, both foreign and domestic. All wartime presidents have done it. Furthermore, that power is not limited by whether or not your party of choice is trying to make the sitting president look stupid (not that he needs any help).
Are we really so stupid that we will let our current crisis with terrorism be governed by a 30 year old law (signed by Jimmy Carter, the terrorist hugging traitor, no less) when terrorism was not the domestic threat then that it is today? Are we that foolish? Are we that hell bent on our own self destruction? Do we really have that low of a regard for our own self preservation?
C'mon L-bots, think! You would gladly give that power to your own guy and they would gladly (no forcibly) take it. It's not about politics, it's about national security; well within constitutionally assigned executive powers.
But then again, 9/11 was years ago. A forgotten fluke. A lucky sucker punch. Why worry? Why worry at all?
Justine6:30PMJul 4th 2008
OBAMA IS WORSE THAN CARTER
I think Obama would out-do Liberal moron Jimmy Carter as the WORST President ever. Obama has a non-negotiable commitment to Africa. What give-aways can we expect from super left-wing liberal Obama?
This is what Liberal idiot Carter did:
Carter gave Iran to the Mullahs.
Carter said the Ayotollah was like Ghandi.
Carter gave away the Panama Canal.
Carter blames Israel for the Plestinian mess.
The Muslim countries wouldn't accept the Palestinian refugees. Maybe they dont want the militant terrorist Palestinians in their country but they want to push them into Israel? I dont think so.
USA will never give back Alaska to Russia, or the Louisiana Purchase back to France, or Texas back to Mexico. Neither will East Germany give the land back to Poland, or Romania give Erdely back to Hungary etc. Israel will never hand their country to the Palestinians.
History shows that a piece of land has belonged to many different ethnic and cultural groups over centuries, it all depends how far back you want to go. Usually the rule of thumb is the one occupying the land right now, is the rightful owner for now, and depends how long they can kee it. Believe me, everything will change over time, either for economic, climatic, geographic, or political reasons. However we dont want to push Obamas luck, and give things away prematurely. We cant let him and his liberal friends give our stuff away. I would rather keep whats ours as long as possible.
Send all those Liberals home, clean out Congress, and put pro-Americans into office. Start by kicking out Nancy Pelosi, John Kerry, Ted Kennedy, Barb Boxer, DNC Chair Howard Dean, gov. Bill Richardson. Kick them to the curb. We want real Americans in Office. Not liberal backstabbers.
GOD BLESS SEN. JOHN MCCAIN, AND GOD BLESS AMERICA.
Jim6:34PMJul 4th 2008
Obama tried to hide his 3 week stay in Pakinstan from the public..
While he was a college student. That's why he didn't want his passport
information to get out.. Wonder what other surprizes can be found by looking at his passport..
Wonder what Obama learned while staying with these People..
It all sounds very innocent, "a college trip to Pakistan".
Pakistan was in turmoil in 1981 and ruled of martial law. Millions of
Afghan refugees were living in Pakistan, while the Afghan Mujahedeen
operated from bases inside Pakistan in their war with the Soviets.
One of the leaders that based his operation in Quetta, Pakistan was
Usama Bin Laden (The Sheik).
Pakistan was on the banned travel list for US Citizens at the time
and all non-Muslim visitors were not welcome unless sponsored by
their embassy for official business.
There would be only a few reasons a young Westerner of the Muslim
faith would travel to Pakistan in 1981:
To Participate in Jihad, which is the duty of every "True Believer".
For religious education in a Wahabbi sect, Saudi funded, Madrassa.
In order to purchase drugs from the drug marketplace.
Pakistan was not a tourist stop nor the place to hang out with someone's family in 1981.
JoeG10:15PMJul 4th 2008
Dear "Anybody But":
The current president has pretty much taken care of destroying the country: he's left your kids and mine ina big pile of debt, started an unnecessary war, lost the country's respect around the world, taken away rights we've had as citizens for over 225 years, was in office on 9/11 (which should give him SOME responsibility--especially when his intelligence was telling him of an imminent attack), sat on his ass as Katrina ravaged Louisiana and Mississippi, etc., etc., etc.
You have no idea of the negative effects this jackass's decisions will have on this country long range. It won't be pretty. Not only have we lost our MORAL position in the world, we've lost our INFLUENCE with the rest of the world. We are no longer the superior power; we're now second rate. And guess who's responsible for THAT? Oh, and I forgot to mention the state of the economy. Who should we saddle that with? (and don't say the Democratic Congress--because, guess what? They don't have the votes to override dip-Bush's numerous vetoes (only one of which he made when the Congress was Republican--and I can't believe those people made such great decisions)).
JoeG10:17PMJul 4th 2008
Dear Let Your Voice:
If you're so opposed to Obama, can't you at least spell the middle name right: "Hussein," for goodness sake--but nobody ever called you smart, I guess.
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Richard A. Strong7:07PMJul 3rd 2008
I wonder how this judge would have ruled in the case of Washington and Benedict Arnold and Lt. Andre?