Judge Gives Crucial Ruling Against Government Spying
"There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution."So writes U.S. District Judge Anna Diggs Taylor, a 73 year-old Clinton-appointed federal judge in Detroit that leveled a solid 43-page reproof to the National Security Agency's surveillance program. This is a landmark decision in the war for civil liberties. For some time the ACLU has been awaiting Judge Taylor's decision on their request to strike down the controversial spy program.
There was nothing innovative said in Judge Taylor's judgement. This is because the issues are fundamental; and therefore carry grave implications. Taylor is therefore correct in framing her decision as a resistance to unchecked executive power:
"It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights..."Ouch! Mr. Bush and the NSA are in blatant disregard of the Bill of Rights? Is that true? Aren't these intelligence gathering programs designed to protect U.S. citizens from the terrorists that lurk under the cover of our national shadows? Nobody can actually answer that question since the surveillance program is covered in layers of secrecy.
The foolishness of the administration's defense was demonstrated by the Justice Department who argued, as Washington Post columnist Dan Eggen writes, "that the program (warrantless surveillance) is well within Bush's authority as president, but said proving it would require revealing state secrets." This ostensible reason is used repeatedly by administration officials, and "National security" is the permanent alibi of the military/police state.
The ACLU rightly calls "unconstitutional" the NSA's intercepting of international phone calls and emails without first obtaining search warrants. According to the Detroit Free Press, "[T]he suit says the program has hampered journalists, scholars, lawyers and others trying to speak to sources overseas."
Unless Judge Taylor had ruled quickly, this case would have likely moved to Washington -- which was the desire of the Justice Department. It is a critical victory in the cause of freedom although Taylor will likely be slandered as radical left-wing judge in need of conservative replacement.
At the age of 73 Judge Taylor has made a courageous move. As a black female judge she is a source of shame to the anglo-conservative male judges that have dismissed moral rulers like Judge Moore and underwritten the administration's push for legislative control.
