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Judge Rules NSA Warrantless Spy Program Unconstitutional

by Democracy Now (reposted)
A federal judge in Detroit has ruled that the Bush administration's warrantless surveillance program is unconstitutional and must be halted. In her 43-page ruling, U.S. District Judge Anna Diggs Taylor wrote "There are no hereditary kings in America and no powers not created by the Constitution." We speak with constitutional law attorney Glenn Greenwald.
A federal judge in Detroit has ruled that the Bush administration's warrantless surveillance program is unconstitutional and must be halted. President Bush secretly authorized the National Security Agency program in 2001 and it was revealed in the media last year.

U.S. District Judge Anna Diggs Taylor found that the program violated freedom of speech, protections against unreasonable searches and a constitutional check on the power of the presidency.

In her 43-page ruling, Taylor wrote "There are no hereditary kings in America and no powers not created by the Constitution."

Attorney General Alberto Gonzales held a news conference after the decision came out to defend the surveillance program.

* Alberto Gonzales, Attorney General, speaking August 17, 2006.

The wiretapping suit was filed in Michigan by the American Civil Liberties Union on behalf of a number of journalists, lawyers and scholars who believed their communications had been monitored.

The Justice Department has appealed the decision and a hearing is set for September 7th. The ruling is on hold while the appeals process is under way.

* Glenn Greenwald, constitutional law attorney specializing in presidential power and First Amendment issues. He is the author of the new book "How Would a Patriot Act?" and runs the blog Unclaimed Territory.

LISTEN ONLINE:
http://www.democracynow.org/article.pl?sid=06/08/18/1352240
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Audio: Response to the Federal Court Ruling the Bush Spy Program Illegal (8/18/2006)

LEGAL DOCUMENTS
The Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no power not created by the Constitution.
-- Judge Anna Diggs Taylor
U.S. District Court
Read the landmark decision >>

NEWS
> Federal Court Strikes NSA Warrantless Surveillance (8/17/2006)
> FISA Must Not Be Gutted Under Pretext of Modernization (7/26/2006)
> Bush Blocks Inquiry on NSA Spying (7/19/2006)
> Homeland Security Gave Pentagon Info on Anti-War Groups (7/18/2006)
More News >>

LEARN MORE
> ACLU v. NSA Lawsuit
> Clients
> Supporters
> In the States: The NSA and Your Phone Records
In the first federal challenge ever argued against the president's NSA spying program, a district court declared the program unconstitutional and called for an immediate halt to this abuse of presidential power.

As Judge Taylor ruled, the program violates the First Amendment, the Fourth Amendment, and the Foreign Intelligence Surveillance Act passed by Congress in the wake of the Watergate scandal.

Q: What do you think of the Judge Taylor's ruling in the ACLU v. NSA lawsuit?

Melissa Goodman, staff attorney at the ACLU
podcast | stream or download (mp3) >>

Christopher Hitchens, journalist and client in ACLU v. NSA (via telephone)
podcast | stream or download (mp3) >>

Anthony Romero, executive director of the ACLU (via telephone)
podcast | stream or download (mp3) >>

Podcasting: You can play these files via podcast by copying and pasting the address below into your podcasting application:
http://www.aclu.org/multimedia/
pod_rss.xml
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