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NSA Spying
Federal Court Strikes Down NSA Warrantless Surveillance Program (8/17/2006)
FOR
IMMEDIATE RELEASE
CONTACT: media@aclu.org
DETROIT -- In an American Civil Liberties Union case, a federal court
today ruled that the Bush administration’s program to monitor the phone calls
and e-mails of Americans without warrants is unconstitutional and must be
stopped. This is the first ruling by a federal court to strike down the
controversial National Security Agency surveillance program.
"Today’s ruling
is a landmark victory against the abuse of power that has become the hallmark of
the Bush administration," said Anthony D. Romero, Executive Director of the
ACLU. "Government spying on innocent Americans without any kind of warrant and
without Congressional approval runs counter to the very foundations of our
democracy. Now Congress needs to do its job and stop the president from
violating the law."
Today’s ruling by U.S. District Court Judge Anna Diggs
Taylor agreed with the ACLU that the NSA program violates Americans’ rights to
free speech and privacy under the First and Fourth Amendments of the
Constitution, and runs counter to the Foreign Intelligence Surveillance Act
(FISA) passed by Congress. Judge Taylor also rejected the government’s argument
that the case could not proceed because of state secrets, saying that facts
about NSA wiretapping have already been conceded by the government.
"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."
In her
ruling, Judge Taylor dismisses the government’s argument that the president "has
been granted the inherent power to violate not only the laws of the Congress but
the First and Fourth Amendments of the Constitution, itself."
"There are no
hereditary Kings in America and no powers not created by the Constitution. So
all ‘inherent powers’ must derive from that Constitution," wrote Judge
Taylor.
Judge Taylor will next consider a request from the government for a
stay pending the government's appeal to the Sixth Circuit Court of Appeals. The
ACLU will oppose the motion, but has agreed to a short temporary stay until the
court can rule on the government's request. That hearing is expected to be held
on September 7th.
Beginning in 2001, President Bush secretly authorized the
National Security Agency to conduct electronic surveillance of people within the
United States, including U.S. citizens, without a warrant. The ongoing
surveillance program has been in direct violation of FISA, which requires the
executive branch to obtain a warrant before engaging in electronic surveillance
of Americans.
The national ACLU and the ACLU of Michigan 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.
Judge Taylor noted that
impact in today’s ruling, citing scholars such as New York University professor
Barnett Rubin, who recently returned from Afghanistan where he was conducting
interviews for a policy report for the Council on Foreign Relations.
"In
order for me to provide analysis and updates for the American public and
officials who are concerned about Afghanistan, I need to be able to have
confidential communications," Professor Rubin said. "My experience in
Afghanistan convinces me that illegal programs such as warrantless NSA spying
and the detentions at Guantánamo actually undermine national security."
Kary
L. Moss, Executive Director of the ACLU of Michigan, said, "Judge Taylor said
today - ‘there are no hereditary kings in America,’ and today’s decision just
vindicates the rights of the people for the people."
The White House has
stonewalled congressional attempts to investigate the administration’s
circumvention of FISA. President Bush personally blocked an investigation by the
Justice Department regarding the NSA’s warrantless wiretapping program. Although
Congress lacks a full understanding of the facts, several bills have been
introduced that would reward the government’s illegal actions by changing the
law to legitimize the programs.
The case, ACLU v. NSA, was filed in U.S.
District Court for the Eastern District of Michigan. Attorneys in the case are
Beeson, Jameel Jaffer and Melissa Goodman of the national ACLU, and Moss and
Michael Steinberg of the ACLU of Michigan.
Online legal documents:
> ACLU v. NSA Federal Court Decision
> ACLU v. NSA Stay Stipulation
For more
information on ACLU v. NSA and pending bills in Congress go to:
www.aclu.org/nsaspying
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