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.

What do you call it when elected officials - local, state or federal - get special perks, privileges and deals in exchange for their services, err votes?

Democratic corruption has become so frequent, its often pushed off the front page. (Try reading the Detroit News or Free Press and you'll see what I mean.) It's commonplace. It's routine. It's everywhere. It's passe.

But it is newsworthy when its party's standard bearer is exposed for getting special treatment and deals.

Let's look at the issue of Barack Obama's housing arrangement.

This self-declared "man of the people," Harvard educated and all, this champion of the people, snoozes in a six-bedroom, five and half bathrooms (including steam shower and marble powder room (presumably for Michelle)) four fireplace, four-car garage Chicago mansion.

Of course, the Obamas make about $500,000 a year. One of the neat things about their salary is the connection.

Barack Obama injected an "earmark" (pork barrel spending) into the federal budget for his wife Michelle's workplace. Unconnected, presumably, shortly thereafter she got a pay raise.

Nifty. Can you do that for your spouse?

Now before people bemoan that raising these issues is mean spirited or bad in some overly sensitive mocked-up moral tone, I suggest such whiners refute them, not label them.

Influential blogger and Daily Kos founder Markos Moulitsas caused a first-class kerfuffle on an economy-class budget, announcing that he would be withholding his $2300.00 donation from Barack Obama's campaign until he sees some "good behavior." From Daily Kos:

First, he reversed course and capitulated on FISA, not just turning back on the Constitution, but on the whole concept of "leadership". Personally, I like to see presidents who 1) lead, and 2) uphold their promises to protect the Constitution.

Then, he took his not-so-veiled swipe at MoveOn in his "patriotism" speech.

Finally, he reinforced right-wing and media talking points that Wes Clark had somehow impugned McCain's military service when, in reality, Clark had done no such thing.

Markos goes to great pains to explain that he still supports Obama, but that he won't be anyone's "water carrier."

He also tries to downplay the importance of his donation (with a 739-word story on the most popular blog in the universe.)

I applaud Markos for not being a water-carrier now, but it makes me wonder where he's been this whole campaign.

Talk about an historic election: both women running for First Lady are knockouts. Whichever woman prevails, millions will emulate her look.

But how easy is it to look like the next First Lady? Let's start with Michelle Obama. For some helpful hints, watch...

Senator John McCain's campaign announced a reorganization yesterday that the pundits are calling a "shake-up," but which the campaign insists is business as usual. From The New York Times:

WASHINGTON - Senator John McCain's presidential campaign has gone through its second shake-up in a year. Responding to Republican concerns that his candidacy was faltering, Mr. McCain put a veteran of President Bush's 2004 campaign in charge of day-to-day operations, and stepped away from a plan to have the campaign run by 11 regional managers, Mr. McCain's aides said Wednesday.

The elevation of Steve Schmidt - who worked closely with Karl Rove - at Mr. McCain's headquarters represented a sharp diminishment of the responsibilities of Rick Davis, who has been Mr. McCain's campaign manager since the last shake-up nearly a year ago.

The McCain campaign said, through a spokesman, that they are simply rearranging the deck chairs...sorry, no, they put a cigar in the campaign's mouth and said, "I love it when a plan comes together."

The Times, and everyone else, are being extremely generous to the McCain campaign. In order for something to be shaken up, it has to first be in a non-shaking state. McCain's campaign has been trembling like an extra-innings Jenga game since the Democrats ended their primary fight.

Back in 2004, George Bush defeated John Kerry by 20 points in the state of Montana, making it one of the reddest of red states. But a new Rasmussen poll, released today, shows a chameleon-like color change: Barack Obama leading John McCain by 5 points, 48-43.

As we've seen in other parts of the country, the age of the poll's respondents has a lot to do with which candidate is preferred:

Against McCain, Obama leads among voters under 50, including a twenty-seven point lead among voters under 30. McCain leads among those over 50.

Yes, lots can change between now and November, but if Obama can continue to bring out younger voters, and take a few formerly red states, he'll be looking at a substantial victory.

With a little over 200 days left until the end of Bush II--either the worst presidency of all time or a wholesome and exciting eight years depending on whom you talk to--the President has finally come to his senses.

Thanks to The Onion, which has evolved from a simple but effective Smoove B vehicle into a flash-tastic news powerhouse, we have this breaking story concerning President Bush's efforts to observe the crushing damage caused to America... by his own presidency. (When you're done with this one, check out the one on Fastfood Feedbags!)



Bush Tours America To Survey Damage Caused By His Disastrous Presidency

B. Brandon Barker is the author of the novel Operation EMU.

A new special interest 527 titled "Matthew 25" is airing a :60 radio spot titled "From His Heart" supporting Barack Obama on Christian radio formats.

Fox News has sunk to a new low. On Wednesday, the network displayed photos that its editors had doctored of two New York Times employees--reporter Jacques Steinberg, and editor Steven Reddicliffe. Media Matters has graciously provided us with the before-and-after evidence showing that Fox purposefully yellowed Steinberg's teeth, widened his nose and chin, and photo-shopped his ears stick out further.



Reddicliffe also received the yellow-teeth treatment, as well as dark circles under his eyes, and an exaggeration of his receding hairline.



Why has Rupert Murdoch's flagship television network stooped to such tactics? The Times had the audacity to run a piece about Fox's recent poor ratings performance.

It's not as crazy as it sounds. Clinton is most likely out because A: She doesn't want it, and B: Obama doesn't want to give it to her. Edwards was out because he already tried that last time around. So, somebody else then.

Republican strategists trying to game Sen. Barack Obama's choice for a running mate are focusing more and more on the possibility that he might pick former House Majority Leader Dick Gephardt, a friend of labor and blue-collar workers. "Gephardt is the one we're most afraid of," said a key GOP strategist and Bush ally.

Gephardt has run for the presidency and scored well among the types of voters Obama is trying to reach out to--lower and middle-class workers, laborers, and minorities. Another strategist said that Gephardt presents a friendly face of liberalism that would be hard to attack. He also has a deep well of support among House Democrats, who they believe would rally around an Obama-Gephardt ticket, especially the allies of Sen. Hillary Clinton.

He could make up for many Obama weaknesses among the blue collared crowd, and could be the bridge between the new and old Democrats. So yes, it could be Gephardt. Also among those running in the Dem primary in 2004, Gephardt was the only one I was afraid of. I was relieved when they chose the grand dufus John Kerry. (Gephardt would never have made a cringeworthy moment like "reporting for duty")

Downsides to Gephardt? He generates little excitement and appears to have no eyebrows. Oh and also, he is apparently being picked by GOP strategists, so it could be a Republican dirty trick. Be careful.