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Thursday, August 17, 2006
 

Full Text of Federal Court Ruling That NSA Wiretaps Are Unconstitutional

By J.M. Berger
INTELWIRE.com


A federal judge has ordered the Bush Administration to cease and desist its program of warrantless wiretapping through the National Security Agency (NSA).

The ruling found the program unconstitutional.

The court held that the secret program "violates the APA; the Separation of Powers doctrine; the First and Fourth Amendments of the United States Constitution; and the statutory law.

The court held "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. Defendants’ Motion to Dismiss the final claim of data-mining is granted, because litigation of that claim would require violation of Defendants’ state secrets privilege.

The program:

intercepts without benefit of warrant or other judicial approval, prior or subsequent, the international telephone and internet communications of numerous persons and organizations within this country.


The plaintiffs -- represented by the American Civil Liberties Union conduct:

regular international telephone and internet communications for various uncontestedly legitimate reasons including journalism, the practice of law, and scholarship. Many of their communications are and have been with persons in the Middle East. Each Plaintiff has alleged a “well founded belief” that he, she, or it, has been subjected to Defendants’ interceptions, and that the (the program) not only injures them specifically and directly, but that the (the program) substantially chills and impairs their constitutionally protected communications. Persons abroad who before the program spoke with them by telephone or internet will no longer do so.


The court allowed the government to dismiss one count related to a charge of data-mining on the basis of national security secrecy.

Defendants’ Motion to Dismiss the final claim of data-mining is granted, because litigation of that claim would require violation of Defendants’ state secrets privilege.


Read the Full Ruling (PDF)

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ABOUT

INTELWIRE is a web site edited by J.M. Berger. a researcher, analyst and consultant covering extremism, with a special focus on extremist activities in the U.S. and extremist use of social media. He is a non-resident fellow with the Brookings Institution, Project on U.S. Relations with the Islamic World, and author of the critically acclaimed Jihad Joe: Americans Who Go to War in the Name of Islam, the only definitive history of the U.S. jihadist movement, and co-author of ISIS: The State of Terror with Jessica Stern.

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