Jan 18 2006

ACLU Case Is Weak

Published by at 9:46 am under All General Discussions,FISA-NSA

The case being brought by the ACLU and CCR against the administration is obviously weak. People communicating with suspected terrorists are taking on a risk that they should understand. Here are some initial assessments of the claims:

For instance, former New Jersey Judge and constitutional scholar Andy Napolitano says that the lawsuits will probably be thrown out by whichever judges are assigned to the cases. He says that the cases have no standing since the plaintiffs are saying “they believe” or “they think,” and possess no proof of injury to themselves as a result of the NSA program.

A former Marine intelligence officer, NYPD detective and owner of an international security and investigations agency says that the attorneys should know that their lawsuits will go nowhere and wonders why the members of the news media do not tell Americans the truth.

“All these people need to do is read the FISA Act. It’s not mandatory for the President to seek their permission during a war,” he says

Mark Levin, legal scholar with the Landmark Legal Foundation and author of the book Men In Black, says that this whole frenzy is nothing more than left-wing groups attempting to undermine the war effort. He says that the ACLU in particular is against any action taken to fight terrorism. They are even hunting for the courts they believe have the most liberal judges who may entertain their nonsense.

But there are even more reasons to doubt the ACLU and CCR will win, and this is mothing more than a PR stunt. The claim is these people are looking for witnesses to support their clients claims of innocence. Well, if the witness is a terror suspect I doubt anyone is going buy his claims that his buddy is innocent and harmless. Maybe these lawyers would actually prefer to know if they are discussing possible character testimony with a jihadist?

It is a free country. That means people are free to make dumb choices and mistakes. But that does not mean we all have to follow their leads. While the ACLU is free to defend terrorists and their sympathizers in a useless effort to pretend there is no war on, the rest of us are free to take an opposite path. And since we have the majority, and since the stated enemies of our country have de facto denounced our civil protections, I am confident which path is the more likely succeed.

A judge is simply going to remind the plaintiffs it is not the judiciary’s job to protect them from their own stupid decisions.

The ACLU is an institution that is putting itself out of our misery.


Much more here at Powerline.

11 responses so far

11 Responses to “ACLU Case Is Weak”

  1. ACLU Lawsuit Against NSA Is Weak

    Another hat tip to AJ Strata
    Certainly folks that knowingly correspond with known and suspected terrorists should know they are taking a risk, and that such treasonous actions comes with consequence. It is obvious that the ACLU’s case is weak….

  2. Snapple says:

    I am glad you are so sure that this will not amount to anything.

    I think this is a very scary development.
    I really hate the ACLU. I read they were Thanks for posting about this. I heard it on the news and plan to read everything you have about this topic.

  3. clb72 says:

    Apparently some of your allies disagree. I hope they’re not concerned about anything like principles at the cost of political power. That would be just plain silly.

    To: National Desk

    Contact: Laura Brinker, 202-715-1540, for Patriots to Restore Checks and Balances, laura.brinker@dittus.com

    WASHINGTON, Jan. 17 /U.S. Newswire/ — Patriots to Restore Checks and Balances (PRCB) today called upon Congress to hold open, substantive oversight hearings examining the President’s authorization of the National Security Agency (NSA) to violate domestic surveillance requirements outlined in the Federal Intelligence Surveillance Act (FISA).

    Former U.S. Rep. Bob Barr, chairman of PRCB, was joined by fellow conservatives Grover Norquist, president of Americans for Tax Reform (ATR); David Keene, chairman of the American Conservative Union; Paul Weyrich, chairman and CEO of the Free Congress Foundation and Alan Gottlieb, founder of the Second Amendment Foundation, in urging lawmakers to use NSA hearings to establish a solid foundation for restoring much needed constitutional checks and balances to intelligence law.

    “When the Patriot Act was passed shortly after 9-11, the federal government was granted expanded access to Americans’ private information,” said Barr. “However, federal law still clearly states that intelligence agents must have a court order to conduct electronic surveillance of Americans on these shores. Yet the federal government overstepped the protections of the Constitution and the plain language of FISA to eavesdrop on Americans’ private communication without any judicial checks and without proof that they are involved in terrorism.”

    The following can be attributed to PRCB members:

    “I believe that our executive branch cannot continue to operate without the checks of the other branches. However, I stand behind the President in encouraging Congress to operate cautiously during the hearings so that sensitive government intelligence is not given to our enemies.” — Paul Weyrich, chairman and CEO, Free Congress Foundation

    “Public hearings on this issue are essential to addressing the serious concerns raised by alarming revelations of NSA electronic eavesdropping.” — Grover Norquist, president, Americans for Tax Reform

    “The need to reform surveillance laws and practices adopted since 9/11 is more apparent now than ever. No one would deny the government the power it needs to protect us all, but when that power poses a threat to the basic rights that make our nation unique, its exercise must be carefully monitored by Congress and the courts. This is not a partisan issue; it is an issue of safeguarding the fundamental freedoms of all Americans so that future administrations do not interpret our laws in ways that pose constitutional concerns.” — David Keene, chairman, American Conservative Union

    “If the law is not reformed, ordinary Americans’ personal information could be swept into all-encompassing federal databases encroaching upon every aspect of their private lives. This is of particular concern to gun owners, whose rights guaranteed under the Second Amendment are currently being infringed upon under the Patriot Act’s controversial record search provisions.” — Alan Gottlieb, founder, Second Amendment Foundation

    Patriots to Restore Checks and Balances is an organization dedicated to protecting Americans’ fundamental freedoms guaranteed by the Fourth Amendment and ensuring that all provisions of the Patriot Act are in line with the Constitution. For more information, visit the Web site at http://www.checksbalances.org.


  4. Snapple says:

    To correct my above post–I read the ACLU were destroying their own records a while ago. I wondered why.

  5. BIGDOG says:

    Snapple they tried this crap in 2002 and got shut down.

    Snapple….I really believe that this is a smear campaign to gain poll numbers. Democrats have to use polls to gain confidence in their rhetoric. Just identify their rhetoric and watch and see when the next poll comes out, see if its not to a certian party talking point. Most of their polls actually give them talking points. When in reality the American people understand why Bush is doing warrantless foriegn surveillences, 33 he signed off on, correct?. The one concern i have, is how many Americans are not seeking the trueth for themselves, thru various outlets and/or reading FISA itself. Instead they buy into the lies the MSM is selling, but i see a huge signal to the MSM in question, the drop in readers and ratings, hence certian news agencies are loosing employees and restructuring within. With that in mind, i actually believe the American people understand the smear campaigns and i predict that the 06 elections will show the real hearbeat of America and i foresee a 5% seat swing in the dems loosing seats. BOLD? I know it seems that way, but its only rhetorical strategory on their part. Say it enough they will believe it scenario, so lets move along because American Idol is on next. However its is the BLOGGERS that are making things right in the MSM smear campaign. I have seen left wing bloggers actually die out over time and i have seen right wing bloggers grow in substantual numbers over the years. This site itself will blow up in numbers in about 6 more months, because of the great minds, kick ass discussions and debates, those on the HILL should be having. The Constitution cries out thru the BLOGGERS and so does our ever-maturing, founding fathers documental preamble……” in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

    Somehow and its sad, certian parties mouth pieces and political power trips….. when did they become more important than our preamble and the Constitution that follows?

    I dunno man, sorry i rambled. Hang in there man…:)

  6. tzuzelo1 says:

    It is ridiculous that they would even attempt to make an argument in court with no proof and no person to show the court.

  7. Snapple says:


    Thanks for the peptalk.

    I wish that these journalists would go undercover and investigate the terrorists instead of the government. Then they might get it. I think that Richard Pearl was a real hero. He tried to find out about the terrorists.

    If you have some brushes with radicals, as I have, you will see that they want to scare you into silence with threats –or worse. In some ways that is scarier than just killing people.

    Some terrorist in this country are doing bad things and playing cat-and-mouse with the government. And this ACLU is helping the terrorists. They are helping the killers and opressors use our system in order to undermine it.

    I want Bush to spy on terrorists in this country.

  8. ReidBlog says:

    What Gore said

    If the President has the inherent authority to eavesdrop, imprison citizens on his own declaration, kidnap and torture, then what canÂ’t he do?

  9. sbd says:

    After reading the complaint, I would have to agree with Judge Napolitano.

    If anyone wants to read the actual complaint filed in court, here is the link.

    Also, I found something interesting that could show that this is a PR stunt. According to the documents on Lexis, the Center for Constitutional Rights files an ERRONEOUS ENTRY back in July 2004 when they filed as a foreign corporation in New York. I am sure they figured out a way to fix it, but it does look suspicious. You can see it here.


  10. sbd says:

    BTW, it look as if the CCR was resurrected from a Dissolved Foreign Corp back from 1980.