Federal judge: Bush Black-shirts NSA program unconstitutional

JURIST - Paper Chase: BREAKING NEWS ~ Federal judge rules domestic spying program unconstitutional:

In her opinion Thursday, Diggs wrote:
Defendants assert that they cannot defend this case without the exposure of state secrets. This court disagrees. The Bush Administration has repeatedly told the general public that there is a valid basis in law for the TSP [Terrorist Surveillance Program]. Further, Defendants have contended that the President has the authority under the AUMF and the Constitution to authorize the continued use of the TSP. Defendants have supported these arguments without revealing or relying on any classified information. Indeed, the court has reviewed the classified information and is of the opinion that this information is not necessary to any viable defense to the TSP. Defendants have presented support for the argument that 'it . . is well-established that the President may exercise his statutory and constitutional authority to gather intelligence information about foreign enemies.' Defendants cite to various sources to support this position. Consequently, the court finds Defendants' argument that they cannot defend this case without the use of classified information to be disingenuous and without merit.

Diggs went on to hold that the domestic spying program violates the First and Fourth Amendments of the US Constitution, separation of powers principles, the Administrative Procedures Act and statutory law.


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