JUDGE NIXES WARRANTLESS SURVEILLANCE
By SARAH KARUSH, Associated Press Writer August 17, 2006
DETROIT - A federal judge ruled Thursday that the government's warrantless
wiretapping program is unconstitutional and ordered an immediate halt to it.
U.S. District Judge Anna
Diggs Taylor in Detroit became the first judge to strike down
the National Security Agency's program, which she says violates the rights to free speech and privacy as well as the separation
of powers enshrined in the Constitution.
"Plaintiffs have prevailed,
and the public interest is clear, in this matter. It is the upholding of our Constitution," Taylor wrote in her 43-page opinion.
The Justice Department appealed
the ruling and issued a statement calling the program "an essential tool for the intelligence community in the war on terror."
"In the ongoing conflict
with al-Qaida and its allies, the president has the primary duty under the Constitution to protect the American people," the
department said. "The Constitution gives the president the full authority necessary to carry out that solemn duty, and we
believe the program is lawful and protects civil liberties."
The ruling won't take immediate
effect so Taylor can hear a Justice request for a stay pending
its appeal.
The American Civil Liberties Union filed the lawsuit on behalf of journalists,
scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas
contacts are likely targets of the program, which involves wiretapping conversations between people in the U.S. and those in other countries.
The government argued that
the program is well within the president's authority, but said proving that would require revealing state secrets.
The ACLU said the state-secrets
argument was irrelevant because the Bush administration already had publicly revealed enough information about the program
for Taylor to rule.
"At its core, today's ruling
addresses the abuse of presidential power and reaffirms the system of checks and balances that's necessary to our democracy,"
ACLU executive director Anthony Romero told reporters after the ruling.
He called the opinion "another
nail in the coffin in the Bush administration's legal strategy in the war on terror."
While siding with the ACLU
on the wiretapping issue, Taylor dismissed a separate claim
by the group over NSA data-mining of phone records. She said not enough had been publicly revealed about that program to support
the claim and further litigation would jeopardize state secrets.
The lawsuit alleged that
the NSA "uses artificial intelligence aids to search for keywords and analyze patterns in millions of communications at any
given time." Multiple lawsuits have been filed related to data-mining against phone companies, accusing them of improperly
turning over records to the NSA.
However, the data-mining
was only a small part of the Detroit suit, said Ann Beeson,
the ACLU's associate legal director and the lead attorney on the case.
Beeson predicted the government
would appeal the wiretapping ruling and request that the order to halt the program be postponed while the case makes its way
through the system. She said the ACLU had not yet decided whether it would oppose such a postponement.