Judge Anna Diggs Taylor, who was appointed by President Carter in
1979, also dismissed the government's request that the suit be thrown out because of the
"state secrets privilege," which permits the government to suppress a lawsuit
that might lead to the disclosure of military secrets.
Attorneys in the case are Beeson, Jameel Jaffer, Melissa Goodman and Scott Michelman of
the national ACLU, and Michael Steinberg and Kary Moss of the ACLU of Michigan. The ACLU
legal memorandum is online CLICK
HERE
White House press secretary Tony Snow said the Bush administration "couldn't disagree
more with this ruling."
"United States intelligence officials have confirmed that the program has helped stop
terrorist attacks and saved American lives," he said. "The program is carefully
administered and only targets international phone calls coming into or out of the United
States where one of the parties on the call is a suspected al-Qaida or affiliated
terrorist."
The Justice Department said it is appealing Taylor's ruling to the 6th U.S. Circuit Court
of Appeals because the program is "an essential tool for the intelligence community
in the War on Terror."
"In the ongoing conflict with al-Qaida and its allies, the president has the primary
duty under the Constitution to protect the American people," the department said in a
statement. "The Constitution gives the president the full authority necessary to
carry out that solemn duty, and we believe the program is lawful and protects civil
liberties."
Taylor's ruling won't take immediate effect. The Justice Department said it had reached an
agreement with the ACLU to postpone implementing the order until Taylor hears its request
for a stay pending appeal. A hearing on the motion was set for Sept. 7, Snow said.
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Liberal Judge hindering the U.S. war on terror. Secret NSA terrorist surveillance
program was recently revealed by The New York Times. ACLU and Council on American Islamic
Relations brought the case against the U.S. to Judge Anna Diggs Taylor, a Liberal Democrat
in Detroit Michigan. She rules for the ACLU and CAIR and against secret operations to
locate terrorists. Program is similar to one used by England to stop plane bombing by
Islamic Radicals. Challengers in the case could not offer any evidence.
U.S. District Judge Anna Diggs Taylor heard arguments in Detroit Michigan, where there is
a large Muslim community, from challengers who include Muslim citizens, and the
environmental group Greenpeace, which suspects it has been spied upon but could not offer
any evidence.
She also heard arguments from Justice Department attorney Anthony Coppolino, who urged
Taylor to throw out the case as none of the plaintiffs had shown that they had suffered
injury and therefore they had no legal standing to sue, and that further testimony would
compromise the "state secrets" doctrine. |