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News, documents and analysis on violent extremismThursday, August 17, 2006
Full Text of Federal Court Ruling That NSA Wiretaps Are UnconstitutionalINTELWIRE.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) Labels: INTELWIRE-Exclusive Views expressed on INTELWIRE are those of the author alone.
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BOOKS"...smart, granular analysis..."ISIS: The State of TerrorMore on ISIS: The State of Terror "...a timely warning...""At a time when some politicians and pundits blur the line between Islam and terrorism, Berger, who knows this subject far better than the demagogues, sharply cautions against vilifying Muslim Americans. ... It is a timely warning from an expert who has not lost his perspective." -- New York Times More on Jihad Joe ABOUT![]() RECENTNewest posts!London Air Bomb Design May Also Trace To Ramzi Yousef Bush Ups Rhetorical Heat By Calling Enemies 'Islam... TSA Releases Memo On Screening Of 9/11 Hijackers Ten Years Later, U.S. Freezes IIRO Assets Moussaoui Carried Phone Number For CIA-Linked Mercs U.S. Military Ignored Early Reports of Racist Infi... Zawahiri Video Could Provide Clues To An Attack State Department's Files On The Nizari Assassin Cult First Zarqawi Tribute Video Appears Online; U.S. D... Analysis: Release of Zarqawi Death Photo Offers Pr... EXCLUSIVESNew York Pipe Bomb Suspect Linked to Revolution Muslim The Utility of Lone Wolves Interview with Online Jihadist Abu Suleiman Al Nasser A Way Forward for CVE: The Five Ds How Terrorists Use The Internet: Just Like You PATCON: The FBI's Secret War on the Militia Movement Interview About Jihad With Controversial Cleric Bilal Philips Forgeries on the Jihadist Forums U.S. Gave Millions To Charity Linked To Al Qaeda, Anwar Awlaki State Department Secretly Met With Followers of Blind Sheikh State Department Put 'Political Pressure' On FBI To Deport Brother-in-Law Of Osama Bin Laden In 1995 FBI Records Reveal Details Of Nixon-Era Racial Profiling Program Targeting Arabs Gaza Flotilla Official Was Foreign Fighter in Bosnia War U.S. Had 'High Confidence' Of UBL Attack In June 2001 Behind the Handshake: The Rumsfeld-Saddam Meeting |