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Judge Rejects Bush's View on Wiretaps

by: Eric Lichtblau  |  Visit article original @ The New York Times

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A federal judge ruled that Bush's views on wiretapping were beyond the constitutional authority of the president.
(Photo: ABC News)

    Washington - A federal judge in California said Wednesday that the wiretapping law established by Congress was the "exclusive" means for the president to eavesdrop on Americans, and he rejected the government's claim that the president's constitutional authority as commander in chief trumped that law. The judge, Vaughn R. Walker, the chief judge for the Northern District of California, made his findings in a ruling on a lawsuit brought by an Oregon charity. The group says it has evidence of an illegal wiretap used against it by the National Security Agency under the secret surveillance program established by President Bush after the terrorist attacks of Sept. 11, 2001.

    The Justice Department has tried for more than two years to kill the lawsuit, saying any surveillance of the charity or other entities was a "state secret" and citing the president's constitutional power as commander in chief to order wiretaps without a warrant from a court under the agency's program.

    But Judge Walker, who was appointed to the bench by former President George Bush, rejected those central claims in his 56-page ruling. He said the rules for surveillance were clearly established by Congress in 1978 under the Foreign Intelligence Surveillance Act, which requires the government to get a warrant from a secret court.

    "Congress appears clearly to have intended to - and did - establish the exclusive means for foreign intelligence activities to be conducted," the judge wrote. "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."

    Judge Walker's voice carries extra weight because all the lawsuits involving telephone companies that took part in the N.S.A. program have been consolidated and are being heard in his court.

    Jon Eisenberg, a lawyer for Al-Haramain Islamic Foundation, the plaintiff in the case, said the legal issues Judge Walker's ruling raised were significant. "He's saying FISA makes the rules and the president is bound by those rules," Mr. Eisenberg said.

    A Justice Department official said the department was reviewing the opinion late Wednesday and would consider its options.

    Officials at Al-Haramain say they were mistakenly given a government document revealing the N.S.A. operation. The Federal Bureau of Investigation demanded the document back, and Judge Walker's ruling made it more difficult for Al-Haramain to use what it claims to have seen . But he refused to throw out the lawsuit, giving the charity's lawyers 30 days to restructure their claim. "We still have our foot in the door," Mr. Eisenberg said. "The clock is a minute to midnight, but we've been there before and survived."

    The ruling comes as the Senate is overhauling the foreign intelligence law. The measure would reaffirm FISA as the exclusive means for the president to order wiretaps through court warrants, but it would also provide legal immunity to phone companies involved in the eavesdropping program. A vote could come Tuesday.

    The immunity issue would not directly affect this lawsuit because Al-Haramain is suing the government, not the phone companies. But the nearly 40 other lawsuits against phone companies that Judge Walker is overseeing would almost certainly have to be dismissed if immunity is signed into law, legal analysts say.

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Comments

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My "Thank You" to Judge

My "Thank You" to Judge Walker for his support of our consitutional system. Congress makes the laws. The president is not above the law!

Another "thank you"... If

Another "thank you"... If not a trial at "The Hague", at least a leash on these Creatures.

I second that Thank You,

I second that Thank You, especially so close to July 4th! Finally, as the spineless Democratic majority is about to make legal Bush's flagrant violation of the law, Judge Walker states clearly what the law is and not the hallucination that Bush/ Cheney / Addington wish it was. It will be a dark day in our history when a Congress rubber stamps illegal activities by the President.

you've given us hope your

you've given us hope your Honor. thank you so much for concluding the obvious, which appears difficult for the majority of our gov't. hopefully, they will not be able to sway you to the dark side with blackmail or bribery. good luck Judge Walker.

Please everyone, WRITE.

Please everyone, WRITE. YOUR. SENATORS. NOW!!! This is important. They need to hear from YOU. And, mention Judge Walker's ruling. We can't let this fascist president continue to run rough-shod over the Constitution.

tahn you Judge for standing

tahn you Judge for standing up for the constitution of the United states. If we get through this period of "perpetual war" with our constitution intact you will be among those we have to thank.

A government's eavesdrop on

A government's eavesdrop on its citizenry should be treated as criminal. The practice is more in what one would expect from the rule of dictators. The privacy of citizens is guaranteed by our constitution and should not be allowed without a warrant. Presently, a proposed class action lawsuit is pending against Time-Warner Cable for the sale of a person's background to other companies for marketing purpose. Time Warner, and their legal representatives, want to settle the suit by awarding each subscriber a sum of $5.00. I, for one, feel the offer is an affront to all involved - my privacy is not for sale. Whether eavesdropping or revealing one's private information in any manner without consent is criminal and should be treated as such.

Now, let not any senator

Now, let not any senator take away what our constitution, the FISA law and this judge have set forth as the law.

Thank you, Judge Walker, for

Thank you, Judge Walker, for standing up for the Constitution of the USA. The FISA law must be kept intact. No president or wantabe Dictator has any right to change our Constitution or any of our Laws on a whim. This Congress had best listen to the American people that put them there. They will be just as liable as this President if they give any immunity to anyone for breaking the law. This is a nation of the Rule of Law...right ?

An American Hero who

An American Hero who understands the meaning of the Constitution and the founder's ideals of a free America living above tyranny. Impeach, Indict, Incarcerate.

It is nice to hear a voice

It is nice to hear a voice of reason countering the assumption of dictatorial powers by the president. It is time also to stop the politisation of the so called Justice Department.

No immunity. EVER! EVER!

No immunity. EVER! EVER! Not for the Telecomms, not for any of the criminal policies of these war gangsters. Pelosi and Company have just authorized 162 Billion Dollars for a War that was lost five years ago, in the summer of '03, and was - predictably - never, ever, winnable! (Just supeona George H.W. Bush's estimates for occupying Iraq in the first Gulf War, or read The Pentagon Papers, or better still rent the movie THE BATTLE FOR ALGIERS.) Contrast this with the 360 Million Dollars per year it cost to implement the "No-Fly" security scheme that successfully contained Hussein before Bush imagined mushroom clouds and panicked over his own imaginings. And if we have to spy on ourselves in order to protect our selves from terrorism, why don't we tell ourselves that we have launched 5 million terribly suffering, defenseless, Iraqi refugees on the Middle East? (Does our Media think it would hurt our self esteem? Our patriotic self esteem? Oh yeah, and thank you Judge Walker. But isn't it pathetic that we are looking to you to save the Constitution?

Isn't it amazing that we're

Isn't it amazing that we're now trying to draw the line at the FISA law? Under FISA, the government can get a warrant to tap your phone by going to a "secret court" which has no public records. That already sounded like a step down the road of a police state. But then along come Bush-Cheney who say that they can ignore that altogether and now we're left pining for the good old days of when the government only took some of our rights away and the executive branch at least gave lip service to checks and balances. By the way, does anyone else wonder what these guys are doing that is so sinister that they can't even tell a SECRET court?

Verizon and Comcast use

Verizon and Comcast use their own names, They tell us "under this tyrannical administration anyone can do anything, legal or illegal, so long as the tyrant is on our side (signed) Verizon" why do so many of us hide behind "anonymous" ? Obvious !

I personally emailed and

I personally emailed and sent a post card to Judge Walker in San Fransisco. Let others follow the lead of this charity in filing suit, and may more judges follow the rule of law and show this illegal act of wiretapping for what it is; Treason.

My respect for the Judicial

My respect for the Judicial system of these United States has been revived because of Judge Walker's findings. Thank You Judge Walker

I was I long standing

I was I long standing customer of Verizon, 35 years... I forget exactly but it's been years now when I first heard about it's illegal taps on my voice line I called and canceled my service... I mentioned my discontent and asked my comments to be forwarded to higher echelon being the poor dear had no idea what I was bitching about... Honestly I doubt the Verizon customer service staff know today, but now part of the company's pleading absolution is loss of profits... Vote with your feet! money talks , we all know the end of that cliché... Fascists especially...

Today July 10, 2008

Today July 10, 2008 President Bush signed HR 6304. Blanket retroactive immunity to telecommunications carriers for their warrantless surveillance activities from 2001 through earlier this year means we no longer have the rule of law and no longer have the separation of powers under the United States Constitution. When the Executive branch tells the Legislative branch to remove the Judicial branch from 40 cases in the courts we have an Executive branch that acts like the King of France, who once said: "L'Etat, c'est moi." "The state is me." They are saying: What we want to do is what we will do. And if we want to do it, the law is irrelevant.

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