Federal judge rules warrantless wiretaps illegal
{{date|August 17, 2006}}

A United States District federal judge ruled Thursday that the Bush administration's [[w:Terrorist Surveillance Program|wiretapping program]] is "unconstitutional" and that it "must be halted immediately." The ruling came in a lawsuit filed by the [[w:American Civil Liberties Union|American Civil Liberties Union]](ACLU) challenging federal intelligence agencies'  eavesdropping of international phone calls without obtaining court warrants.

The defendants, the [[National Security Agency]] (NSA), the [[w:Central Security Service|Central Security Service]] and NSA Director and Chief of the Central Security Service, Lieutenant General [[w:Keith B. Alexander|Keith B. Alexander]] asserted that they cannot defend their case without exposing [[w:State Secrets privilege|state secrets]].

Judge [[w:Anna Diggs Taylor|Anna Diggs Taylor]], US District Judge for the Eastern District of [[w:Michigan|Michigan]], wrote in an opinion that the  defense argument was "without merit". 
 
"Defendants have supported these arguments without revealing or relying on any classified information," Taylor wrote in an opinion accompanying the ruling. 

Judge Taylor also ruled  that the tapping violates "the separation of powers enshrined in the Constitution, privacy and free speech."

The Bush Administration has been firmly committed to the wiretapping, known as the [[w:Terrorist Surveillance Program|Terrorist Surveillance Program ]] (TSP), and said the practice has a valid basis in law, despite public criticism. Defenders of the program contended that the President has the authority under the [[W:Authorization for Use of Military Force|AUMF]] and the Constitution to authorize the continued use of the TSP.

Judge Taylor wrote in her 43-page opinion that, "We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution."

The ACLU filed the lawsuit to protect the privacy and unreasonable search of lawful verbal exchanges by journalists, lawyers and scholars among others. The court order ruled that powers granted by TSP violated the U.S. [[w:Separation of powers under the United States Constitution|Separation of Powers doctrine]], the [[w:Administrative Procedure Act|Administrative Procedure Act]], and the [[w:First Amendment to the United States Constitution|First]] and [[w:Fourth Amendment to the United States Constitution|Fourth Amendments.]] 

An appeal over the court decision is expected.  

In 2001, President George W. Bush approved a program that allowed the NSA to monitor international calls for possible terrorist activity when one party to the call was outside U.S. territory. The government argued that the program is well within the president's authority. The Justice Department wrote, "In the ongoing conflict with al Qaeda and its allies, the president has the primary duty under the Constitution to protect the American people". 

==Sources==
*{{source|url=http://jurist.law.pitt.edu/paperchase/2006/08/breaking-news-federal-judge-rules.php
|title=Federal judge rules domestic spying program unconstitutional
|author=Jeannie Shawl
|pub=JURIST
|date=August 17, 2006}}

*{{source|url=http://cbs11tv.com/topstories/topstories_story_229122727.html
|title=Judge Rules Against Domestic Spying Wiretaps
|author=Associated Press
|pub=CBS 11
|date=August 17, 2006}}

*{{source|url=http://news.bbc.co.uk/2/hi/americas/5260892.stm
|title=US judge rules wiretaps illegal
|author=
|pub=BBC News
|date=August 17, 2006}}

==External links==
*{{source|url=http://jurist.law.pitt.edu/pdf/aclunsa.pdf
|title=Judges full opinion (44 pages. PDF)
|author=United States District Court, Eastern District of Michigan, Southern Division
|pub=JURIST
|date=August 17, 2006}}

*{{source|url=http://www.shadowmonkey.net/other/Taylor_ruling_060817.html
|title=Judges full opinion (HTML version)
|author=United States District Court, Eastern District of Michigan, Southern Division
|pub=ShadowMonkey
|date=August 17, 2006}}

*{{source|url=http://www.mied.uscourts.gov/eGov/taylorpdf/06-10204Injunction.pdf
|title=Judgment and permanent injunction order
|author=
|pub=JURIST
|date=August 17, 2006}}

{{publish}}
{{Archive-unreviewed}}
[[Category:World]]
[[Category:Politics and conflicts]]
[[Category:Crime and law]]
[[Category:North America]]
[[Category:United States]]
[[Category:Michigan]]
[[Category:George W. Bush]]
[[Category:ACLU]]
[[Category:National Security Agency]]
[[Category:Constitution of the United States]]

[[de:US-Bundesbezirksgericht erklärt Lauschprogamm der Regierung für verfassungswidrig]]
A United States District federal judge ruled Thursday that the Bush administration's wiretapping program is "unconstitutional" and that it "must be halted immediately." The ruling came in a lawsuit filed by the American Civil Liberties Union(ACLU) challenging federal intelligence agencies'  eavesdropping of international phone calls without obtaining court warrants.

The defendants, the National Security Agency (NSA), the Central Security Service and NSA Director and Chief of the Central Security Service, Lieutenant General Keith B. Alexander asserted that they cannot defend their case without exposing state secrets.

Judge Anna Diggs Taylor, US District Judge for the Eastern District of Michigan, wrote in an opinion that the  defense argument was "without merit". 
 
"Defendants have supported these arguments without revealing or relying on any classified information," Taylor wrote in an opinion accompanying the ruling. 

Judge Taylor also ruled  that the tapping violates "the separation of powers enshrined in the Constitution, privacy and free speech."

The Bush Administration has been firmly committed to the wiretapping, known as the Terrorist Surveillance Program  (TSP), and said the practice has a valid basis in law, despite public criticism. Defenders of the program contended that the President has the authority under the AUMF and the Constitution to authorize the continued use of the TSP.

Judge Taylor wrote in her 43-page opinion that, "We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no powers not created by the Constitution. So all 'inherent powers' must derive from that Constitution."

The ACLU filed the lawsuit to protect the privacy and unreasonable search of lawful verbal exchanges by journalists, lawyers and scholars among others. The court order ruled that powers granted by TSP violated the U.S. Separation of Powers doctrine, the Administrative Procedure Act, and the First and Fourth Amendments. 

An appeal over the court decision is expected.  

In 2001, President George W. Bush approved a program that allowed the NSA to monitor international calls for possible terrorist activity when one party to the call was outside U.S. territory. The government argued that the program is well within the president's authority. The Justice Department wrote, "In the ongoing conflict with al Qaeda and its allies, the president has the primary duty under the Constitution to protect the American people". 

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World Politics and conflicts Crime and law North America United States Michigan George W. Bush ACLU National Security Agency Constitution of the United States