{"id":8230,"date":"2006-08-17T14:11:39","date_gmt":"2006-08-17T18:11:39","guid":{"rendered":"http:\/\/www.thecarpetbaggerreport.com\/archives\/8230.html"},"modified":"2006-08-17T14:11:39","modified_gmt":"2006-08-17T18:11:39","slug":"the-public-interest-is-clear-in-this-matter-it-is-the-upholding-of-our-constitution","status":"publish","type":"post","link":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/the-public-interest-is-clear-in-this-matter-it-is-the-upholding-of-our-constitution\/","title":{"rendered":"‘The public interest is clear, in this matter. It is the upholding of our Constitution’"},"content":{"rendered":"

I think it’s safe to say the far-right will really<\/i> not like today’s federal court ruling on the president’s warrantless-search program. For example, the conclusion to U.S. District Judge Anna Diggs Taylor’s ruling quotes<\/a> (.pdf) former Chief Justice Earl Warren:<\/p>\n

“Implicit in the term ‘national defense’ is the notion of defending those values and ideas which set this nation apart. . . . It would indeed be ironic if, in the name of national defense, we would sanction the subversion of . . . those liberties . . . which make the defense of the nation worthwhile.”<\/p><\/blockquote>\n

That, of course, is pre-9\/11 thinking at its most obvious.<\/p>\n

Glenn Greenwald, naturally, has a very thorough rundown<\/a> of the ruling, but these are the points that struck me as the most significant:<\/p>\n

[T]he court ruled — rather emphatically and without much doubt — that warrantless eavesdropping violates the Fourth Amendment’s prohibition on unreasonable searches and seizures (generally speaking, searches undertaken in the absence of a probable cause warrant). […]<\/p>\n

[T]he court ruled independently — again, without all that much reasoning — that the NSA program violates the plaintiffs’ First Amendment rights, apparently because it chills (deters) their free expression. Since they know the Government can eavesdrop without warrants on conversations of those groups and individuals deemed “subversive,” the program abridges free expression in a way that the First Amendment prohibits. […]<\/p>\n

Finally, and really quite extraordinarily, the court (a) declared the NSA program to be in violation of FISA, the First Amendment and Fourth Amendment and (b) issued a permanent injunction enjoining the Bush administration from continuing to eavesdrop in violation of FISA.<\/p><\/blockquote>\n

Of course, we can now begin the countdown to the mother of all judicial pushbacks towards Taylor and the federal judiciary. Indeed, to a limited extent, it’s already<\/a> begun<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

I think it’s safe to say the far-right will really not like today’s federal court ruling on the president’s warrantless-search program. For example, the conclusion to U.S. District Judge Anna Diggs Taylor’s ruling quotes (.pdf) former Chief Justice Earl Warren: “Implicit in the term ‘national defense’ is the notion of defending those values and ideas […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[617],"tags":[],"class_list":["post-8230","post","type-post","status-publish","format-standard","hentry","category-general"],"_links":{"self":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/8230","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/comments?post=8230"}],"version-history":[{"count":0,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/posts\/8230\/revisions"}],"wp:attachment":[{"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/media?parent=8230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/categories?post=8230"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stevebenen.com\/thecarpetbaggerreport\/wp-json\/wp\/v2\/tags?post=8230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}