Friday, August 18, 2006

The NSA wiretap judgement most likely will be thrown out.

Terrorism: When I read this bit from Detroit Freep.

Although Taylor is a liberal with Democratic roots and defended civil-rights workers in the South in the 1960s, people who know her say she will follow the law -- not her politics -- in deciding the case... But even if Taylor harpoons the spying program, experts said, the decision likely would be overturned by the U.S. 6th Circuit Court of Appeals. "Given the composition of the 6th Circuit and its previous rulings in related areas, it seems more likely to favor national security over civil liberties if that issue is squarely presented," said Carl Tobias, a law professor at the University of Richmond in Virginia. "And that's what this case is all about."
Basically a ninth circuit court all by herself especially if you read thru the judgement with great stuff like this nonsense.
For example, scholars and journalists such as plaintiffs Tara McKelvey, Larry Diamond, and Barnett Rubin indicate that they must conduct extensive research in the Middle East, Africa, and Asia, and must communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations.12 In addition, attorneys Nancy Hollander, William Swor, Joshua Dratel, Mohammed Abdrabboh, and Nabih Ayad indicate that they must also communicate with individuals abroad whom the United States government believes to be terrorist suspects or to be associated with terrorist organizations,13 and must discuss confidential information over the phone and email with their international clients.
More from the AP.
While siding with the ACLU on the surveillance issue, Taylor dismissed a separate claim by the group over NSA data-mining of phone records. She said not enough had been publicly revealed about that program to support the claim and further litigation would jeopardize state secrets. The lawsuit alleged that the NSA "uses artificial intelligence aids to search for keywords and analyze patterns in millions of communications at any given time." Multiple lawsuits have been filed related to data-mining against phone companies, accusing them of improperly turning over records to the NSA. The data-mining was only a small part of the Detroit suit, said Ann Beeson, the ACLU's associate legal director and the lead attorney on the case.
Amusing considering the amount of news by the NYTIMES and others in revealing the data mining program as well that she decides not enough was made public is a BS decision that makes me wonder if just went for the slam dunk on the NSA program to make some noise. She is a Carter appointee, thats for sure.

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