Thursday, August 17, 2006

Federal Judge Rules NSA Program Unconstitutional

U.S. District Court Judge Anna Diggs Taylor, of the Eastern District of Michigan, issued a ruling today that finds that federal warrantless wiretapping program violates the U.S. Constitution.

The Judge found the program in violation of the FISA, Title III, Fourth Amendment, the First Amendment, and the Separation of Powers. She also the no inherent powers, practical justifications, or the Authorization Military Force justify the program.

Judge Diggs:

"...this court is constrained to grant to Plaintiffs the Partial Summary Judgment requested, and holds that the TSP violates the APA; the Separation of Powers doctrine; the First and Fourth Amendments of the United States Constitution; and the statutory law."

"In this case, the President has acted, undisputedly, as FISA forbids. FISA is the expressed statutory policy of our Congress. The presidential power, therefore, was exercised at its lowest ebb and cannot be sustained."

The Judge granted an injunction against the program.


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