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Offlinediscombobulate
Stranger


Registered: 06/18/07
Posts: 89
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Court dismisses suit challenging domestic spying
    #7137779 - 07/06/07 02:49 PM (16 years, 8 months ago)

http://www.cnn.com/2007/POLITICS/07/06/court.domestic.spying/index.html

WASHINGTON (CNN) -- A federal appeals court Friday ordered the dismissal of an ACLU lawsuit challenging President Bush's domestic surveillance program.

The plaintiffs -- a group of journalists, scholars and legal advocates -- had no legal standing to pursue their claims because they could not show they were targeted by the National Security Agency's warrantless spying program, the court decided in a 2-1 vote.

"They cannot establish they are 'aggrieved persons,'" wrote Judge Alice Batchelder, of the 6th U.S. Circuit Court of Appeals in Cincinnati.

The ACLU argued it was in a legal tightrope, trying to prove its members were being spied on without access to electronic records that could support the claim.

The court ordered a federal judge in Detroit to formally dismiss the lawsuit, which was filed in January 2006. This was the first appeals ruling to address the program. The ruling did not address the larger constitutional questions of whether the NSA program is legal, or the limits on permissible warrantless surveillance.

The administration secretly instituted the program after the September 11, 2001, attacks on New York and Washington. It gives the NSA authorization to conduct wiretaps without a court order.

Judge Anna Diggs Taylor struck down the program last August, saying it violated the rights to free speech and privacy under the First and Fourth amendments. She said is also violated the Foreign Intelligence Surveillance Act, or FISA, which Congress passed in 1978.

The 6th Circuit allowed the program to continue, giving the government time to appeal. The appeals court's ruling allows the NSA to continue its activities, including monitoring Americans' phone calls and e-mails


Electronic surveillance programs run by the NSA have been under fire since December 2005, when The New York Times disclosed that the government was listening in on international phone calls involving people suspected of having ties to terrorists.

Some legal scholars said the program is an illegal and unwarranted intrusion on Americans' privacy, but the Bush administration has defended it as necessary in the battle against the al Qaeda terrorist network.

A special federal court, which meets in secret, has been in place since the 1970s to decide whether to approve warrants for national security surveillance. The government argues that it has the right to bypass that FISA court when there is an imminent security threat.

The plaintiffs in the dismissed case alleged that their communications with parties outside the country were being monitored by the NSA's wiretapping program. The original complaint said the NSA's surveillance disrupts "the ability of the plaintiffs to talk with sources, locate witnesses, conduct scholarship, and engage in advocacy."

Plaintiffs in this case included branches of the ACLU, the National Association of Criminal Defense Lawyers, the Washington and Detroit branches of the Council on American-Islamic Relations and Greenpeace.

"We are deeply disappointed by today's decision," said ACLU Legal Director Steven R. Shapiro. "The Bush administration has been left free to violate the Foreign Intelligence Surveillance Act, which Congress adopted almost 30 years ago to prevent the executive branch from engaging in precisely this kind of unchecked surveillance."

Sen. Patrick Leahy, D-Vermont, also criticized the decision, calling it "a disappointing one that was not made on the merits of the case, yet closed the courthouse doors to resolving it."

He added a plea for the Bush administration to supply information Congress has asked for relating to the surveillance program.

"There is a dark cloud over the White House's warrantless wiretapping program, and a full response to the outstanding subpoena from the Senate Judiciary Committee by this administration would be a good start to clearing the air," he said.

Both the White House and the Justice Department welcomed the decision. "The Court of Appeals properly determined that the plaintiffs had failed to show their claims were entitled to review in federal court," said Tony Fratto, deputy White House press secretary.

The ACLU and its supporters now have the option of going to the Supreme Court


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This reminds me of the ludicrous account he gave Mr. Langton, of the despicable state of a young gentleman of good family. “Sir, when I heard of him last, he was running about town shooting cats.” And then in a sort of kindly reverie, he bethought himself of his own favorite cat, and said, “But Hodge shan’t be shot: no, no, Hodge shall not be shot.”

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OfflineC20H25N3O
Calico Kahlia
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Registered: 02/01/04
Posts: 1,390
Last seen: 1 day, 1 hour
Re: Court dismisses suit challenging domestic spying [Re: discombobulate]
    #7137925 - 07/06/07 03:27 PM (16 years, 8 months ago)

:frown:


--------------------

Calico Kahlia come tell me the news
Calamity's waiting for a way to get to her
Rosy red and electric blue
I bought you a paddle for your paper canoe

Say you'll come back when you can
Whenever your airplane happens to land
Maybe I'll be back here too
It all depends on what's with you

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InvisibleLuddite
I watch Fox News
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Registered: 03/23/06
Posts: 2,946
Re: Court dismisses suit challenging domestic spying [Re: discombobulate]
    #7138538 - 07/06/07 05:51 PM (16 years, 8 months ago)
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I'm being watched by aliens from outer space. Who do I sue?


Edited by Luddite (07/06/07 05:54 PM)

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InvisibleAnnapurna1
liberal pussy
Female User Gallery

Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Court dismisses suit challenging domestic spying [Re: Luddite]
    #7139090 - 07/06/07 08:15 PM (16 years, 8 months ago)

^naturally you cant come up with anything better than irrelevant religious hate propaganda...and even if that link were true..any terrorist worth his/her salt would assume their phones were being tapped anyway...the courts are rubber-stamping the neocon agenda..but not because they think the religious bigots are telling the truth...

however..im forced to agree that such a lawsuit could never be prosecuted..even if the wiretaps are later found to be illegal...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...

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