Friday, July 4, 2008

FISA Amendment Is Now Redundant !

By Oregon Activist - July 3, 2008, 3:32PM

There's no need for Obama nor anyone else to vote on the FISA bill now, it's unnecessary thanks to a Bush-appointed Appeals Court judge.

Judge Reject Bush's View on Wiretaps

Highlights from the article:

A federal judge in California said Wednesday that the wiretapping law
established by Congress was the “exclusive” means for the president to
eavesdrop on Americans, and he rejected the government’s claim that the
president’s constitutional authority as commander in chief trumped that
law.

He said the rules for surveillance were clearly established by Congress in 1978 under the Foreign Intelligence Surveillance Act, which requires the government to get a warrant from a secret court.
“Congress appears clearly to have intended to — and did — establish
the exclusive means for foreign intelligence activities to be
conducted,” the judge wrote.

“Whatever power the executive may
otherwise have had in this regard, FISA limits the power of the
executive branch to conduct such activities and it limits the executive
branch’s authority to assert the state secrets privilege in response to
challenges to the legality of its foreign intelligence surveillance
activities

Link-TPM

No comments:

Post a Comment