Aug 19 2006
NSA Case Prediction
Despite the heavy weight lawyers aligned against me, I predict the 6th circuit and the USSC will overturn Judge Diggins Talyor’s inept decision regarding the NSA’s ability to monitor our enemies. Recall the case is focused on whether the NSA can (a) monitor our enemies and (b) pass leads to the FBI. There is nothing illegal in that and the FIS Court can reject any application it wishes regarding NSA leads. QED: this case is over and too many people are over thinking it.
DOJ is going to have to prove that this program was established in 1952 to monitor our enemies and that this scope and purpose have not changed since then. This program ran under numerous US presidents since 1952.
Someone suggested that DOJ also try and prove the unconstitutionality of FISA in addition to proving the legality of this NSA program.
It seems that many lawyers do not fully understand this NSA program and how technology advancement causes many programs and laws to be outdated; requiring updates from time to tome.
I’m not convinced that the SCOTUS ruling on Hamdan makes it harder to defend the NSA program as many liberal lawyers, such as Anon Lib, and Andy McCarthy believe.
Why is 1952 important to the case? 1972,82,92 would suffice as well.
I’m more concerned that the appeals court will reverse the decision on the standings issue and duck dealing with the constitutional issue. We would be left with the main issues unresolved, and it needs to go away ASAP.
Yes, 1972, 82, and 92 would suffice and I agree, AZ Redneck.
Martin S. Lederman’s quote in the NYT article pretty much sums it up,
“Judge Taylor’s decision, by contrast, he said, “was meant for headlines.—
This was pushed through just to get a talking point for the November elections.
USA TODAY
Judicial Watch, a conservative-leaning group based in Washington, issued a news release calling attention to Taylor’s apparent membership in a local foundation that gave $45,000 to the American Civil Liberties Union of Michigan in recent grants. The ACLU of Michigan was one of the parties to the case challenging the surveillance program that was begun after the Sept. 11, 2001, terrorist attacks. The lead challenger was the national ACLU.
SBD