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Dead Constitution
See other Dead Constitution Articles

Title: Supreme Court Won't Review Bush Domestic Spying Case
Source: Reuters
URL Source: http://www.reuters.com/article/topNews/idUSN1925683320080219
Published: Feb 19, 2008
Author: Reuters
Post Date: 2008-02-19 11:13:05 by Brian S
Keywords: None
Views: 201
Comments: 16

WASHINGTON (Reuters) - The Supreme Court on Tuesday turned down a legal challenge to the warrantless domestic spying program President George W. Bush created after the September 11 attacks.

The American Civil Liberties Union had asked the justices to hear the case after a lower court ruled the ACLU, other groups and individuals that sued the government had no legal right to do so because they could not prove they had been affected by the program.

The civil liberties group also asked the nation's highest court to make clear that Bush does not have the power under the U.S. Constitution to engage in intelligence surveillance within the United States that Congress has expressly prohibited.

"The president is bound by the laws that Congress enacts. He may disagree with those laws, but he may not disobey them," Jameel Jaffer, director of the ACLU's National Security Project, said in the appeal.

Bush authorized the program to monitor international phone calls and e-mails of U.S. citizens without first obtaining a court warrant. The program's disclosure in December 2005 caused a political uproar among Democrats, some Republicans and civil liberties activists.

The administration abandoned the program about a year ago, putting it under the surveillance court that Congress created more than 30 years ago.

The high court's action means that Bush will be able to disregard whatever legislative eavesdropping restrictions Congress adopts as there will be no meaningful judicial review, the ACLU attorneys said.

The journalists, scholars, attorneys and national advocacy groups that filed the lawsuit said the illegal surveillance had disrupted their ability to communicate with sources and clients.

The appeals court based in Cincinnati dismissed the case because the plaintiffs could not state with certainty they had been wiretapped by the government's National Security Agency.

Administration lawyers opposed the appeal and said further review by the Supreme Court was unwarranted.

The Supreme Court sided with the administration and rejected the appeal without any comment.

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#1. To: Brian S (#0)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2008-02-19   11:16:35 ET  Reply   Trace   Private Reply  


#2. To: ghostdogtxn, Brian S., christine (#1)

hey, how about that?

another institution rushing headlong to prove its irrelevance to the population!

no faster way to lose power than to prove beyond a doubt to everyone watching that you are totally worthless and no longer have a purpose.

Many believe in either intelligent design or evolution...but I am opting for unintelligent design, where god is a retarded kid who likes setting army men on fire and leaving his toys out in the rain.

Gengis Gandhi, Troubled Genius

gengis gandhi  posted on  2008-02-19   11:21:47 ET  Reply   Trace   Private Reply  


#3. To: Brian S (#0)

The high court's action means that Bush will be able to disregard whatever legislative eavesdropping restrictions Congress adopts as there will be no meaningful judicial review, the ACLU attorneys said.

Well, it means that within the Sixth Circuit, which I believe is the court that ruled in this case.

It remains to be seen whether the Ninth Circuit, within whose circuit is the federal district court in San Francisco that is hearing a bunch of other cases on this matter, agrees.

To reason, indeed, he was not in the habit of attending. His mode of arguing, if it is to be so called, was one not uncommon among dull and stubborn persons, who are accustomed to be surrounded by their inferiors. He asserted a proposition; and, as often as wiser people ventured respectfully to show that it was erroneous, he asserted it again, in exactly the same words, and conceived that, by doing so, he at once disposed of all objections. - Macaulay, "History of England," Vol. 1, Chapter 6, on James II.

aristeides  posted on  2008-02-19   11:24:10 ET  Reply   Trace   Private Reply  


#4. To: Brian S (#0)

Not to get the thread off track, but when I checked Google News on this I stumbled on a link to "Kenya Crisis".

My God is there anything in the world that is not an American crisis anymore?

Success is relative. It is what we can make of the mess we have made of things ... T. S. Eliot

iconoclast  posted on  2008-02-19   11:35:06 ET  Reply   Trace   Private Reply  


#5. To: Brian S (#0)

The American Civil Liberties Union had asked the justices to hear the case after a lower court ruled the ACLU, other groups and individuals that sued the government had no legal right to do so because they could not prove they had been affected by the program.

Tch ... silly litigants ... they're only American citizens.

They should have put an oil company forward to sue the gubment.

Success is relative. It is what we can make of the mess we have made of things ... T. S. Eliot

iconoclast  posted on  2008-02-19   11:41:08 ET  Reply   Trace   Private Reply  


#6. To: Brian S (#0)

warrantless domestic spying program

There has been no such program.

longnose gar  posted on  2008-02-19   12:04:20 ET  Reply   Trace   Private Reply  


#7. To: longnose gar (#6)

There has been no such program.

You clearly need to do some remedial research reading. May I suggest poking around in the archives of Glenn Greenwald's site?

To reason, indeed, he was not in the habit of attending. His mode of arguing, if it is to be so called, was one not uncommon among dull and stubborn persons, who are accustomed to be surrounded by their inferiors. He asserted a proposition; and, as often as wiser people ventured respectfully to show that it was erroneous, he asserted it again, in exactly the same words, and conceived that, by doing so, he at once disposed of all objections. - Macaulay, "History of England," Vol. 1, Chapter 6, on James II.

aristeides  posted on  2008-02-19   12:07:03 ET  Reply   Trace   Private Reply  


#8. To: longnose gar (#6)

"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡

ghostdogtxn  posted on  2008-02-19   12:08:30 ET  Reply   Trace   Private Reply  


#9. To: longnose gar (#6)

The Bush administration secretly conducted spying in violation of the Constitution and the law for four years before The New York Times disclosed it in 2005. For years, the White House lied about these activities to the American public. For example, in 2004, Bush claimed that “a wiretap requires a court order. Nothing has changed, by the way.” At least one telco refused to comply with the Bush administration’s request because it knew the actions were illegal.

Even now, the administration continues to lie about the consequences of the Protect America Act expiration. Just yesterday, Bush stated that it will now “be harder for our government to keep you safe from terrorist attack.” But as an expert from the Cato Institute admits, this statement isn’t true: “There’s no reason to think our nation will be in any more danger in 2008 than it was in 2002, 2003, 2004, 2005, or 2006.”

thinkprogress.org/2008/02/17/kristol-spying/

'He will make Cheney look like Gandhi.'
U.S. conservative pundit Pat Buchanan, imagining presidential hopeful John McCain in the White House.

robin  posted on  2008-02-19   12:11:19 ET  Reply   Trace   Private Reply  


#10. To: aristeides (#7)

Glen Greenwald

Moonbat.

The program is to monitor the comminications of known foreign terrorists who may be plotting against the US.

longnose gar  posted on  2008-02-19   12:14:21 ET  Reply   Trace   Private Reply  


#11. To: robin (#9)

It's a simple as this:

Stop collaborating with foreign terrorist groups and they will stop monitoring your communications.

longnose gar  posted on  2008-02-19   12:15:40 ET  Reply   Trace   Private Reply  


#12. To: longnose gar (#11)

It's as simple as this, get a court order first.

'He will make Cheney look like Gandhi.'
U.S. conservative pundit Pat Buchanan, imagining presidential hopeful John McCain in the White House.

robin  posted on  2008-02-19   12:16:53 ET  Reply   Trace   Private Reply  


#13. To: longnose gar (#11)

BTW, the Bush Regime was spying on Americans BEFORE 9/11. So your argument doesn't hold water.

Bush Authorized Domestic Spying Before 9/11
The National Security Agency advised President Bush in early 2001 that it had been eavesdropping on Americans during the course of its work monitoring suspected terrorists and foreigners believed to have ties to terrorist groups, according to a declassified document.

The NSA's vast data-mining activities began shortly after Bush was sworn in as president and the document contradicts his assertion that the 9/11 attacks prompted him to take the unprecedented step of signing a secret executive order authorizing the NSA to monitor a select number of American citizens thought to have ties to terrorist groups.

Qwest CEO Not Alone in Alleging NSA Started Domestic Phone Record Program 7 Months Before 9/11
Startling statements from former Qwest CEO Joseph Nacchio's defense documents alleging the National Security Agency began building a massive call records database seven months before 9/11 aren't the only accusations that the controversial program predated the attacks of 9/11.

According to court documents unveiled this week, former Qwest CEO Joseph Nacchio clearly wanted to argue in court that the NSA retaliated against his company after he turned down a NSA request on February 27, 2001 that he thought was illegal. Nacchio's attorney issued a carefully worded statement in 2006, saying that Nacchio had turned down the NSA's repeated requests for customer call records. The statement says that Nacchio was asked for the records in the fall of 2001, but doesn't say he was "first asked" then.

And in May 2006, a lawsuit filed against Verizon for allegedly turning over call records to the NSA alleged that AT&T began building a spying facility for the NSA just days after President Bush was inaugurated. That lawsuit is one of 50 that were consolidated and moved to a San Francisco federal district court, where the suits sit in limbo waiting for the 9th Circuit Appeals court to decide whether the suits can proceed without endangering national security.

'He will make Cheney look like Gandhi.'
U.S. conservative pundit Pat Buchanan, imagining presidential hopeful John McCain in the White House.

robin  posted on  2008-02-19   12:27:22 ET  Reply   Trace   Private Reply  


#14. To: gengis gandhi (#2)

no faster way to lose power than to prove beyond a doubt to everyone watching that you are totally worthless and no longer have a purpose.

They are serving their masters.

"Tune in next week to see if doing nothing helps." -Deek Jackson

angle  posted on  2008-02-19   12:58:50 ET  Reply   Trace   Private Reply  


#15. To: angle (#14)

They are serving their masters.

And we ain't them !!!

"If, however, a government refrains from regulations and allows matters to take their course, essential commodities soon attain a level of price out of the reach of all but the rich, the worthlessness of the money becomes apparent, and the fraud upon the public can be concealed no longer." John Maynard Keynes

noone222  posted on  2008-02-19   13:08:38 ET  Reply   Trace   Private Reply  


#16. To: Brian S (#0)

Bush authorized the program to monitor international phone calls and e-mails of U.S. citizens without first obtaining a court warrant.

Nixon did this too, but met with different consequences.

'He will make Cheney look like Gandhi.'
U.S. conservative pundit Pat Buchanan, imagining presidential hopeful John McCain in the White House.

robin  posted on  2008-02-19   13:29:20 ET  Reply   Trace   Private Reply  


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