Bush Appeals Eavesdropping Ruling: Enforcement Delayed
In a prepared statement, President Bush said, “We couldn't disagree more with this ruling, and the Justice Department will seek an immediate stay of the opinion and appeal.” As a result of the appeal, enforcement of U.S. District Judge Anna Diggs Taylor’s ruling will be delayed until a court hearing, now set for Sept. 7, 2006.
In her 44-page ruling (.pdf), Judge Taylor found that the program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III,” and that, “the president of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders.”
President Bush continues to assert that the program targets only “international phone calls coming into or out of the United States where one of the parties on the call is a suspected Al Qaeda or affiliated terrorist.”
The Terrorist Surveillance Program is firmly grounded in law and regularly reviewed to make sure steps are taken to protect civil liberties. The Terrorist Surveillance Program has proven to be one of our most critical and effective tools in the war against terrorism, and we look forward to demonstrating on appeal the validity of this vital program. -- President Bush – Statement issued Aug.17, 2006
Judge Taylor, however, held that the Constitution did not grant the president such “unfettered control,” especially in cases where “his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights.”
We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no powers not created by the Constitution. So all “inherent powers” must derive from that Constitution. -- U.S. District Judge Anna Diggs Taylor – Court Ruling issued Aug. 17, 2006 (.pdf)
Also See:
Liberals Fight Bush Bid to Change the Constitution on Wiretapping
NSA Wiretaps Unconstitutional; White House Appeals (U.S. Politics)
Bush Explains Massive NSA Call Phone Call Data Collection
Comments
By the people for the people not by the judge for the good of a few. Most Americans do not agree with her ruling and she is the one allowing harm to come to our nation. Let the government do their job. If you don’t want them to listen to your phone calls, don’t call any terrorists is all I can say. I would rather be protected than worry about my phone being tapped. What is wrong with these people are they afraid of being caught for things they are doing or want to do.