EverythingZen
August 25th, 2006, 02:53 PM
I received this from the ACLU today:
Court Declares Bush Spy Program Illegal
The ACLU, and you, had an historic victory last week! In the first federal challenge ever argued against the president's NSA spying program, a Michigan court declared the program unconstitutional and called for an immediate halt to this abuse of presidential power.
Rejecting the government’s claims of “inherent power” for the president in such cases, Judge Anna Diggs Taylor wrote “There are no hereditary Kings in America and no power not created by the Constitution.” Her decision held that the program of warrantless surveillance on Americans violates the First and Fourth Amendments, as well as the Foreign Intelligence Surveillance Act (FISA) passed by Congress.
"By holding that even the president is not above the law, the court has done its duty under our Constitution to serve as a check on executive power," said ACLU Associate Legal Director Ann Beeson, who argued the case before Judge Taylor. "Throwing out the Constitution will not make Americans any safer."
The ACLU brought the lawsuit on behalf of prominent journalists, scholars, attorneys and national nonprofit organizations who say that the NSA program is disrupting their ability to communicate effectively with sources and clients.
Not surprisingly, the moment Judge Taylor issued her decision, the government immediately appealed the ruling, while politicians scrambled for ways to undermine her legal judgment and background.
We could not have come this far without your support and the tireless efforts of all our members, our allies on the right and the left, and our extraordinary legal team. But the fight over government abuse of power continues at a fever pitch this summer, in the courts and on Capitol Hill.
The Bush administration and its allies are so determined to undo this historic victory that they’re trying to re-write the law. The ruling against the White House ratchets up the stakes in the congressional fight over two spying bills crafted under Dick Cheney’s supervision. Senator Arlen Specter is calling his deal with the Vice President a “compromise” on spying. But the Cheney-Specter bill is really a total capitulation to the Bush administration’s abuses of power.
Every one of us who believes in the America the Founders envisioned needs to stand up and speak out in this battle to protect our most basic rights. Your efforts today are crucial to ensure that Congress doesn't undo this historic victory.
Bush to Supreme Court: Forget You!
Only weeks after the Supreme Court declared illegal the Bush Administration's military commissions -- which were set up to try and convict detainees held indefinitely without basic due process protections -- the White House and Attorney General Alberto Gonzales are pushing Congress on an illegal proposal that violates the Supreme Court's decision and abandons the rule of law.
The Bush plan would ask Congress to rubber-stamp these illegal commissions, effectively reversing the Supreme Court decision. It would also violate the Geneva Conventions, which were ratified by Congress, taking away the most basic protections from detainees who are being held indefinitely.
During recent Senate hearings, the Pentagon's top military lawyers agreed that no one should be convicted based on secret evidence and that every defendant has the right to be present at his own trial. They also made clear that coerced evidence -- such as "confessions" beaten out of witnesses -- has no place in any trial.
Don't let the White House strong-arm Congress and the Supreme Court. Send a message to your senators and representatives that the United States must abide by the Geneva Conventions and uphold American values of due process.
What have YOU been smoking?
Court Declares Bush Spy Program Illegal
The ACLU, and you, had an historic victory last week! In the first federal challenge ever argued against the president's NSA spying program, a Michigan court declared the program unconstitutional and called for an immediate halt to this abuse of presidential power.
Rejecting the government’s claims of “inherent power” for the president in such cases, Judge Anna Diggs Taylor wrote “There are no hereditary Kings in America and no power not created by the Constitution.” Her decision held that the program of warrantless surveillance on Americans violates the First and Fourth Amendments, as well as the Foreign Intelligence Surveillance Act (FISA) passed by Congress.
"By holding that even the president is not above the law, the court has done its duty under our Constitution to serve as a check on executive power," said ACLU Associate Legal Director Ann Beeson, who argued the case before Judge Taylor. "Throwing out the Constitution will not make Americans any safer."
The ACLU brought the lawsuit on behalf of prominent journalists, scholars, attorneys and national nonprofit organizations who say that the NSA program is disrupting their ability to communicate effectively with sources and clients.
Not surprisingly, the moment Judge Taylor issued her decision, the government immediately appealed the ruling, while politicians scrambled for ways to undermine her legal judgment and background.
We could not have come this far without your support and the tireless efforts of all our members, our allies on the right and the left, and our extraordinary legal team. But the fight over government abuse of power continues at a fever pitch this summer, in the courts and on Capitol Hill.
The Bush administration and its allies are so determined to undo this historic victory that they’re trying to re-write the law. The ruling against the White House ratchets up the stakes in the congressional fight over two spying bills crafted under Dick Cheney’s supervision. Senator Arlen Specter is calling his deal with the Vice President a “compromise” on spying. But the Cheney-Specter bill is really a total capitulation to the Bush administration’s abuses of power.
Every one of us who believes in the America the Founders envisioned needs to stand up and speak out in this battle to protect our most basic rights. Your efforts today are crucial to ensure that Congress doesn't undo this historic victory.
Bush to Supreme Court: Forget You!
Only weeks after the Supreme Court declared illegal the Bush Administration's military commissions -- which were set up to try and convict detainees held indefinitely without basic due process protections -- the White House and Attorney General Alberto Gonzales are pushing Congress on an illegal proposal that violates the Supreme Court's decision and abandons the rule of law.
The Bush plan would ask Congress to rubber-stamp these illegal commissions, effectively reversing the Supreme Court decision. It would also violate the Geneva Conventions, which were ratified by Congress, taking away the most basic protections from detainees who are being held indefinitely.
During recent Senate hearings, the Pentagon's top military lawyers agreed that no one should be convicted based on secret evidence and that every defendant has the right to be present at his own trial. They also made clear that coerced evidence -- such as "confessions" beaten out of witnesses -- has no place in any trial.
Don't let the White House strong-arm Congress and the Supreme Court. Send a message to your senators and representatives that the United States must abide by the Geneva Conventions and uphold American values of due process.
What have YOU been smoking?