Appeals Court Dismisses ACLU's Challenge to Warrantless Surveillance Program
A federal appeals court on Friday ordered the dismissal of an ACLU lawsuit challenging President Bush's warrantless surveillance program.In a 2-1 decision, two Republican appointees on the 6th U.S. Circuit Court of Appeals ruled against allowing the lawsuit. A Clinton-appointed judge disagreed....
Go figure.
* * *
BTW, the judge who authored that decision, Julia Smith Gibbons, is a Reagan-appointed federal trial judge, a Bush 43-appointed appeals court judge, a former legal advisor to conservative TN Gov. and U.S. Senator, Lamar Alexander, and is only 57 years old.
Not a bad choice for the SCOTUS if there's a vacancy between now and next year, huh?
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Judges, Justice, Law
Comments (64)
Not a bad choice for the... (Below threshold)1. Posted by Mark | July 6, 2007 12:15 PM | Score: -1 (1 votes cast)
Not a bad choice for the SCOTUS if there's a vacancy between now and next year, huh?
Alert Drudge! Alert Coulter! Jayson Javitz wishes for the death of SCOTUS justices!
1. Posted by Mark | July 6, 2007 12:15 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 12:15
2. Posted by kim | July 6, 2007 12:25 PM | Score: 0 (0 votes cast)
They don't understand the nature of datamining. We need new rules.
But posters like Mark fill no needs.
=======
2. Posted by kim | July 6, 2007 12:25 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:25
3. Posted by C-C-G | July 6, 2007 12:27 PM | Score: 0 (0 votes cast)
Uh, Mark... Supreme Court openings can also occur when a sitting Justice voluntarily retires, ya know.
3. Posted by C-C-G | July 6, 2007 12:27 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:27
4. Posted by Justrand | July 6, 2007 12:33 PM | Score: 0 (0 votes cast)
C-C-G, giving Mark a fact is like giving my dog an iPod. I love my dog (and of course we love all our trolls) but the iPod would be wasted on my puppy as much as a fact is wasted on Mark!
4. Posted by Justrand | July 6, 2007 12:33 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:33
5. Posted by Mark | July 6, 2007 12:35 PM | Score: -1 (1 votes cast)
The ruling held that the plaintiffs did not have standing or the legal right to sue. It did not decide the merits of the lawsuit challenging the program as illegal and unconstitutional.
Now all we have to do is find someone who was spied on. Oh wait Bush won't tell us who they are. How convenient. I am sure President Hillary Clinton will use this power wisely!
http://news.yahoo.com/s/nm/20070706/ts_nm/bush_eavesdropping_dc_2
5. Posted by Mark | July 6, 2007 12:35 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 12:35
6. Posted by jpm100 | July 6, 2007 12:40 PM | Score: 0 (0 votes cast)
Hillary appears to still have all the FBI files she needs.
6. Posted by jpm100 | July 6, 2007 12:40 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:40
7. Posted by sean nyc/aa | July 6, 2007 12:45 PM | Score: 0 (0 votes cast)
The text of the decision:
http://www.ca6.uscourts.gov/opinions.pdf/07a0253p-06.pdf
This passage sums up Mark's point:
Evidence arguably protected by the state secrets privilege may well be relevant to the reasonableness of the plaintiffs' fear. Whether that evidence is favorable to plaintiffs or defendants, its unavailability requires dismissal. That it may be unsatisfying that facts
pertinent to the standing inquiry are unavailable can have no bearing on the disposition of this case. If the state secrets privilege prevents the plaintiffs from presenting adequate evidence of their standing, we must dismiss their claims. If the state secrets privilege prevents the government from presenting evidence that might refute the plaintiffs' allegations that they are likely to be surveilled and undercut the reasonableness of their asserted fear, we must also dismiss the plaintiffs' claims.
7. Posted by sean nyc/aa | July 6, 2007 12:45 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:45
8. Posted by SCSIwuzzy | July 6, 2007 12:49 PM | Score: 0 (0 votes cast)
Actually, I thought this summed up Mark's point
8. Posted by SCSIwuzzy | July 6, 2007 12:49 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:49
9. Posted by Mark | July 6, 2007 12:49 PM | Score: -1 (1 votes cast)
Uh, Mark... Supreme Court openings can also occur when a sitting Justice voluntarily retires, ya know.
Oh yah, I'm sure that's what he meant. Cause you know with the election so close those libruls and modrits probably won't want to put off playing golf any longer, and would rather voluntarily give Bush another slot to fill. Yah, I'm sure he meant that.
9. Posted by Mark | July 6, 2007 12:49 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 12:49
10. Posted by kim | July 6, 2007 12:49 PM | Score: 0 (0 votes cast)
Yes, and those people have standing, jpm 100. They also have active fear.
Well, Mark, I guess you do fill a need, such as it is; but, you do understand, don't you, that you yield willingly to your merchants so they may rob you what you refuse to your soldiers to defend you. The nature of data acquisition in datamining makes the rules about warrants inapplicable. Bush himself couldn't tell you who is targetted until one is identified.
Why the willful ignorance on the left re: datamining? Be grateful this administration hasn't used it on its enemies.
====================================
10. Posted by kim | July 6, 2007 12:49 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:49
11. Posted by C-C-G | July 6, 2007 12:50 PM | Score: 1 (1 votes cast)
Just like she used those FBI files she collected?
Oh, I forgot, history restarted 21 January 2001, we can't possibly consider anything that happened before then.
11. Posted by C-C-G | July 6, 2007 12:50 PM |
Score: 1 (1 votes cast)
Posted on July 6, 2007 12:50
12. Posted by Mark | July 6, 2007 12:53 PM | Score: 0 (0 votes cast)
Good one, here's you... http://www.fotosearch.com/comp/IST/IST169/PO1802.JPG
12. Posted by Mark | July 6, 2007 12:53 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:53
13. Posted by Justrand | July 6, 2007 12:57 PM | Score: 0 (0 votes cast)
Thank God that 2 of 3 Justices were sane!
The lawsuit was claiming that these morons were intimidated in their exercise of free speech because they thought they MIGHT be spied on!
Wow!
Kinda like being afraid of heights, and thus filing a lawsuit against a ladder manufacturer because they make things that take you to HIGH PLACES!!
13. Posted by Justrand | July 6, 2007 12:57 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:57
14. Posted by Mark | July 6, 2007 12:59 PM | Score: 0 (0 votes cast)
Oh good, one court says the program is illegal, another court says it can't make that determination, and Kim concludes that means that warrants are inapplicable! Hooray for making stuff up!
14. Posted by Mark | July 6, 2007 12:59 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 12:59
15. Posted by C-C-G | July 6, 2007 1:03 PM | Score: 0 (0 votes cast)
Mark, if you had a brain you might be dangerous.
Go ring for the nurse and tell her you're done with the computer so she can take you back to your nice room with the rubber wallpaper.
15. Posted by C-C-G | July 6, 2007 1:03 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 13:03
16. Posted by SShiell | July 6, 2007 1:05 PM | Score: 0 (0 votes cast)
OK, Mark, recess is over. You now have to join all the other children for nap-time. Go get your teddy bear like a good little boy.
16. Posted by SShiell | July 6, 2007 1:05 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 13:05
17. Posted by Mitchell | July 6, 2007 1:08 PM | Score: -1 (1 votes cast)
If you recall, even some of the liberal commentators thought the trial judge's opinion was crap.
Democrats don't make good judges--they don't want the facts and the law to trump their "conscience," however flawed it is.
17. Posted by Mitchell | July 6, 2007 1:08 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 13:08
18. Posted by Robert | July 6, 2007 1:13 PM | Score: 0 (0 votes cast)
Whats new, the coruption in this administration and its appointees is absolutely discusting.
Beach Homes For Sale Nationwide:
htt://www.Gobeachhomes.com
18. Posted by Robert | July 6, 2007 1:13 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 13:13
19. Posted by C-C-G | July 6, 2007 1:15 PM | Score: 0 (0 votes cast)
Someone wanna edit out Robert's spam?
Interesting that the spammer also posts a lefty screed, hmmm?
19. Posted by C-C-G | July 6, 2007 1:15 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 13:15
20. Posted by Mark | July 6, 2007 1:16 PM | Score: -1 (1 votes cast)
Wow, you know you're right when the wingnutz come out in full force with personal and ad hominem attacks. I must have hit a nerve!
20. Posted by Mark | July 6, 2007 1:16 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 13:16
21. Posted by C-C-G | July 6, 2007 1:26 PM | Score: -1 (1 votes cast)
What would you be "right" about, Mark? You haven't made a single substantive statement yet.
In point of fact, your first post was an attack against the author.
Give us a substantive point to discuss, and we can discuss it. If all you're interested in is lefty bomb-throwing, well, don't be surprised if we throw bombs back.
21. Posted by C-C-G | July 6, 2007 1:26 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 13:26
22. Posted by Rob LA Ca. | July 6, 2007 1:36 PM | Score: -1 (1 votes cast)
Ya Mark , say something intelligent or well thought out if possible but from the looks of your posts you seem to lean on the side of being a bomb magnet. Incoming!
22. Posted by Rob LA Ca. | July 6, 2007 1:36 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 13:36
23. Posted by Mitchell | July 6, 2007 1:50 PM | Score: 0 (0 votes cast)
Bumb magnet, that Mark.
23. Posted by Mitchell | July 6, 2007 1:50 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 13:50
24. Posted by Ran | July 6, 2007 2:03 PM | Score: 0 (0 votes cast)
*Waiting for Markie to get up to speed*..OOPS!.. in 5th gear and redlined already!.. nevermind
24. Posted by Ran | July 6, 2007 2:03 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 14:03
25. Posted by C-C-G | July 6, 2007 2:09 PM | Score: 0 (0 votes cast)
I bet Mark is over at DU right now bragging about his exploits here.
25. Posted by C-C-G | July 6, 2007 2:09 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 14:09
26. Posted by Rovin | July 6, 2007 2:33 PM | Score: 0 (0 votes cast)
What's DU? Is that a university for the mentally challenged? Are there papers to fill out to get credentialed?
26. Posted by Rovin | July 6, 2007 2:33 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 14:33
27. Posted by C-C-G | July 6, 2007 2:36 PM | Score: 0 (0 votes cast)
DU = Democratic Underground.
Wear your hazmat suit if you decide to venture in.
27. Posted by C-C-G | July 6, 2007 2:36 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 14:36
28. Posted by LoveAmerica Immigrant | July 6, 2007 3:02 PM | Score: 0 (0 votes cast)
this may not be relevant to this thread. But this is kind of law and order we will see from a Hillary Clinton adm.
http://www.americanthinker.com/blog/2007/07/msm_disgraces_itself_again.html
The media coverage of the news that the mayor of Los Angeles and co-chair of Hillary Clinton's presidential campaign has been sleeping with a reporter is almost as disgraceful as Anthony Villaraigosa's behavior itself.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=42300
Hillary's finance chief
indicted for L.A. gala
David Rosen faces 20 years for filing
fictitious reports on Hollywood soiree
28. Posted by LoveAmerica Immigrant | July 6, 2007 3:02 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 15:02
29. Posted by Try to keep up | July 6, 2007 3:29 PM | Score: 0 (0 votes cast)
David Rosen faces 20 years for filing
fictitious reports on Hollywood soiree
Former Clinton aide acquitted in fundraising case
29. Posted by Try to keep up | July 6, 2007 3:29 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 15:29
30. Posted by WildWillie | July 6, 2007 3:30 PM | Score: 0 (0 votes cast)
Mark, only a liberal would say conservatives talking on a conservative blog site is a sign that a liberal hit a nerve. Wow! Hit the nurse call button, your meds are due. ww
30. Posted by WildWillie | July 6, 2007 3:30 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 15:30
31. Posted by Mark | July 6, 2007 3:59 PM | Score: -1 (1 votes cast)
Hey, don't blame me. You're all the ones who are more interested in attacking me than discussing the finding. That nerve I hit must be making your eyes twitch! Keep sputtering while you lose America!
31. Posted by Mark | July 6, 2007 3:59 PM |
Score: -1 (1 votes cast)
Posted on July 6, 2007 15:59
32. Posted by John in CA | July 6, 2007 4:03 PM | Score: 0 (0 votes cast)
And through that whole affair, somehow Hillary has managed to evade scrutiny, even though there is clear evidence available that she was totally aware of the whole thing.
32. Posted by John in CA | July 6, 2007 4:03 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 16:03
33. Posted by John in CA | July 6, 2007 4:08 PM | Score: 0 (0 votes cast)
This story is so funny, and so typical of the lefty media. Also, the reporter is a star f'er. Before Mayor Reconquista she was involved with CA Assembly Speaker Fabian Nunez.
Just gotta wonder how impartial she's going to be in reporting when she's sleeping with someone in the political scene she covers.
Last I heard, she's been suspended. I guess Telemundo is doing an investigation into something they knew about a year ago.
33. Posted by John in CA | July 6, 2007 4:08 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 16:08
34. Posted by Scrapiron | July 6, 2007 4:14 PM | Score: 0 (0 votes cast)
Mark, wake up. They are not attacking you, They are attacking your supidity in hope you'll finish kindergarden and become a grownup. Some on the bench are judges, others just fill a robe. Left wing law schools have turned out enough brainless dolts and all of the non-judges we need to fill the robes.
I hope all of the left wingers like Mark keep seeing their Islamic terrorists doctors which will reduce they're (left wing) number in short order.
34. Posted by Scrapiron | July 6, 2007 4:14 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 16:14
35. Posted by LoveAmerica Immigrant | July 6, 2007 4:15 PM | Score: 0 (0 votes cast)
Should Hillary be put under oath? Anyone knows more about this case?
http://www.newsmax.com/archives/ic/2007/6/20/82937.shtml
Hillary Clinton Tape Reveals 'Felony': Claim
A videotape shows New York Sen. Hillary Clinton committing felonies and should be admitted as new evidence in a California civil case, a forthcoming legal brief to be filed by Friday argues.
35. Posted by LoveAmerica Immigrant | July 6, 2007 4:15 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 16:15
36. Posted by John in CA | July 6, 2007 4:38 PM | Score: 0 (0 votes cast)
LoveAmerica, saw that clip last week. It sure sounds to me like her voice on the speaker phone.
In one of the earliest court proceedings in this case, the judge declared that this was not about Senator Clinton, and wouldn't be turned into a political venue.
36. Posted by John in CA | July 6, 2007 4:38 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 16:38
37. Posted by John F Not Kerry | July 6, 2007 4:51 PM | Score: 0 (0 votes cast)
Back on topic:
The greatest satisfaction I have is that the ACLU and its donors wasted all that money only to end up where we are today, including vacating the origianl ruling that the surveillance violated the law. BWAHAHAHAHA!
37. Posted by John F Not Kerry | July 6, 2007 4:51 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 16:51
38. Posted by kim | July 6, 2007 5:09 PM | Score: 0 (0 votes cast)
Mark, concluding that warrants, as ordinarily conceived, are inapplicable in datamining comes from the nature of datamining, not from the completely phony ass syllogism you made up and attributed to me. I remind you that you are willfully ignorant of datamining. And of logic and rhetoric.
==========================
38. Posted by kim | July 6, 2007 5:09 PM |
Score: 0 (0 votes cast)
Posted on July 6, 2007 17:09
39. Posted by kim | July 6, 2007 5:17 PM | Score: 0 (0 votes cast)
The technology of datamining requires that the polity engage in a dialogue and entertain and adopt new rules with respect to privacy and government. This cannot be done in an atmosphere of demagoguery, and the Democrats have Casey Jonesed this matter to their peril.
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39. Posted by kim | July 6, 2007 5:17 PM |
Score: