Judge Finds NSA Program Unconstitutional

By SARAH KARUSH
AP
8-18-06

     DETROIT -- A federal judge decision's to strike down President Bush's warrantless surveillance program was the first ruling over its legality, but surely not the last.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Thursday that the program violated the rights to free speech and privacy, as well as the separation of powers enshrined in the Constitution.

The administration said it would appeal to the 6th U.S. Circuit Court of Appeals in Cincinnati.

"We're going to do everything we can do in the courts to allow this program to continue," Attorney General Alberto Gonzales said at a news conference in Washington.

Taylor was the first judge to rule on the legality of the National Security Agency's program, which the White House says is a key tool for fighting terrorism that has already stopped attacks.

"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.

White House press secretary Tony Snow said the Bush administration "couldn't disagree more with this ruling." He said the program carefully targets communications of suspected terrorists and "has helped stop terrorist attacks and saved American lives."

Taylor ordered an immediate halt to the program, but the government said it would ask for a stay of that order pending appeal. The American Civil Liberties Union, which brought the suit, said it would oppose a stay but agreed to delay enforcement of the injunction until Taylor hears arguments Sept. 7.

The ACLU filed the lawsuit in January 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 monitors international phone calls and e-mails to or from the U.S. involving people the government suspects have terrorist links.

The ACLU says the 1978 Foreign Intelligence Surveillance Act, which set up a secret court to grant warrants for such surveillance, gave the government enough tools to monitor suspected terrorists.

The government argued the NSA 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. The administration has decried leaks that led to a New York Times report about the existence of the program last year.

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See Also: Bush Spys on Americans - Thinks It's Ok!