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August 17, 2006

Federal Judge Declares NSA Wiretapping Program Unconstitutional

The San Francisco Chronicle is reporting that Federal Judge Anna Diggs Taylor of the Eastern District of Michigan has declared the National Security Agency domestic wiretapping program unconstitutional.  The suit brought by the ACLU challenged the President's authority to create the program.  The Justice Department tried to get the suit thrown out on the grounds that the suit would reveal state secrets.  The judge ruled against this noting that there was enough information available not involving state secrets that allowed her to rule on the matter.  This will surely send the matter to the 6th Circuit and to the Supreme Court, although with the government on the defensive.

The article is here and a copy of the 44 page ruling is here.  The Judgment and Permanent Injunction order in the case is here

Update:  The Chicago Tribune has a Washington scene political blog called The Swamp that has reactions from the White House vowing to fight the ruling.  Read it here.

August 17, 2006 | Permalink

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