Judge orders program to be halted!
It’s just coming out, MSNBC and the AP are reporting that U.S. District Court Judge Anna Diggs Taylor has ruled that the President’s warrantless domestic spying program is unconstitutional, and that she has ordered an immediate halt to it.
This is a serious rebuke to the Bush Administrations, and their attempt to use the State secret privilege to block an independent judicial review of the legality of this program. This is something that other judges need to take note of as well.
“Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution,” Taylor wrote in her 43-page opinion.
Of course the Bush administration argued that they have the right to do this under both the 2001 Authorization for the use of military force, and Article 2 of the Constitution. Their so called unitary executive theory of executive powers (The president as king).
The government argued that the program is well within the president’s authority, but said proving that would require revealing state secrets.
The ACLU basically argued that Bush administration already had publicly revealed enough information about the program to allow a ruling, and that their claims of state-secrets privilege was thus irrelevant.
I will try to track down more information on this and get it posted later!