NY Time Editorial: We Can’t Tell You
Published: April 3, 2010

http://www.nytimes.com/2010/04/04/opinion/04sun1.html?hp

(begin quote): The chief judge of the Federal District Court in San Francisco, Vaughn Walker, ruled last week that the 1978 Foreign Intelligence Surveillance Act was the law of the land for Mr. Bush and that when the government failed to get a warrant to wiretap, it broke the law. He also said that the government could not evade accountability with absurdly broad claims of state secrets.

This ruling does not end warrantless wiretapping. The particular program The Times uncovered has been suspended; there are still others, however, and the 2008 FISA amendments permit warrantless spying. (end quote)

I will restate a portion of the last statement because it is critically important:

“The particular program The Times uncovered has been suspended; there are still others…”

“There are still others.”

There are.

http://www.msnbc.msn.com/id/3036677#36126240

http://emptywheel.firedoglake.com/2010/03/31/why-doj-is-likely-to-accept-vaughn-walkers-ruling/

She thinks that the government may not appeal at all. It may just pay the damages and attorney fees and move on.

In re: National Security Agency Telecommunications Records Litigation

http://static1.firedoglake.com/28/files/2010/03/100331-al-Haramain-Order.pdf

From the AP

SAN FRANCISCO (AP) — A federal judge ruled Wednesday that government investigators illegally wiretapped the phone conversations of an Islamic charity and two American lawyers without a search warrant.

U.S. District Court Judge Vaughn Walker said the plaintiffs have provided enough evidence to show ”they were subjected to warrantless electronic surveillance.”

At issue was a 2006 lawsuit challenging the Bush administration’s so-called Terrorist Surveillance Program. The lawsuit was filed by the Ashland, Ore. branch of the Saudi-based Al-Haramain Islamic Foundation and two American lawyers Wendell Belew and Asim Ghafoor.

Belew and Ghafoor claimed their 2004 phone conversation with a foundation official, Soliman al-Buthi, was wiretapped soon after the Treasury Department had declared the charity branch a supporter of terrorism.

U.S. Attorney General Eric Holder has said the lawsuit threatens to expose ongoing intelligence work and must be thrown out.

“That was rather sweet about the song (hope I’m not embarrassing you).”
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Nope! Admitting that I liked those crazy 1950s/60s novelty songs–like my earlier admission of a favorite entitled ‘My Boomerang Won’t Come Back’–is self-embarassin’ enough.

In fact, I am listening to MBWCB right now…

”he had a backless boomerang, so here he could not stay…this is nice innit? Gittin’ banished at my time in life, what a way to spend an evening, sittin’ on a rock in the middle of the desert with me boomerang in me hand…”

I wonder, is that the fate of people who are banished from the Turley blawg? Best be nice girls ‘n boys…

M72, that camel sure had a lot of silver bling.

Ron,
Thank you. My contention is that there is no one who could be elected President who will satisfy all partisans all the time. President Obama is nowhere near as left wing as I am in economic terms. However, I would find things to dispute with everyone on the political scene if they became President. The
triage of their agenda’s would also not coincide with mine. After 5 months though, I personally am happy with my vote and with the general direction this administration has taken. When I have disagreements I voice them here and to my elected representatives. I have far more agreement with this administration though, than with any in the last 44 years.

That was rather sweet about the song (hope I’m not embarrassing you).

This is a look at this case from 2007 on this blog. I think it supports Mike A.’s claim. It also has a nice analysis from deeply worried, an excellent, and sorely missed poster on this blog.

http://jonathanturley.org/2007/11/16/ninth-circuit-rules-against-the-plaintiffs-in-al-haramain-case

Where else could we find a few good, real lawyers to read and explain dry, arcane legal opinions and then throw in a good laugh now and then…

Mike A. Of course Clyde, the camel from the Ahab the Arab song of our teenaged years of the 60s, would have borrowed Ahab’s gal pal Fatima’s jewelry to be pimped out with:

“Rings on his fingers, and Bells on his toes, and a Bone in his Nose, Ho Ho”.

And remember that no animal could keep up with Clyde runnin’ across the burning sands..

That is why I got a good laugh because that is the image that flashed before my eyes at your comment…I liked novelty songs as a kid.

On Topic, we need Ahab the Arab to get his fellow muslim Obama back to walkin’ ‘n talkin’ the straight progressive camel talk ‘n walk and then a swift Clyde camel kick in his rear if he don’t quit acting like a Republican crook.

“Of course, I have no idea what a pimped out camel would actually look like.”

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Well I do:

http://media.ugoto.com/pictures/pimped_out_camel-aff.jpg

I really appreciate your legal analysis and also comments about pimped camels, which put me on the floor!!!

Not all statutes which are retroactively effective are unconstitutional. Generally, a distinction has been made between statutes which affect vested rights and those which do not. In this case I believe that the statute is unconstitutional because it eliminates claims that were perfected prior to the law’s taking effect. By that I mean that the right to sue under the FISA statute became complete before the amendment. The legal claim (technically, a cause of action) became vested in the plaintiffs. I view a cause of action as a property right which has value.

I also agree with Ron P. that it is increasingly frustrating to watch progressive hopes dashed one at a time.

White House Phone Number above. A call to ones Senators and congress persons is also in order. I’m calling.

As some may recall, Martha Mitchell was dismissed as “delusional”, when she complained about wide-scale corruption in the Nixon administration. There are reports that these practices have been with us for years, but appear to have increased dramatically within the past few years.

One can only speculate as to what is motivating these crimes, but the outlook is grim and kafkaesque for its victims. Someone who is in a position of power and knows about these domestic surveillance operations needs to have a crisis of conscience, step up to the plate and bring this madness to light. If these practices continue, we are all in peril.

http://www.light-to-dark.com/trust_me.html

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When will Obama cease mollifying the Republicans while terraforming the law doing it? Big Tenting should not include maintaining Big Crime against the U.S. Constitution.

Of, by, and for the People, made for great sloganeering for the president. But really, why not just stop demanding that the People begin an armed revolution.

Just stop it!

http://www.light-to-dark.com/Freedom_of_Choice.html

Also, wasn’t there a ruling from the SC within the last month that declared a law unconstitutional because it was made retroactively? If this is so, why isn’t the above telecom bill unconstitutional as well?

http://www.huffingtonpost.com/2009/06/04/philip-mudd-obama-nominee_n_211344.html

A.Y.

I bet they’ll be a whole lot of tasing goin’ on in TX.

http://www.mtv.com/movies/news/articles/1613245/20090603/story.jhtml

are you buying adult beverages and BBQ at the end?

Cindy Sheehan will protest at Bush’s Dallas Home in the exclusive Preston Hollow subdivision. It will start at 4:30 pm. next Monday. attendee are asked to show up at the Preston-Royal Shopping Center and walk to the home on Daria Place. I might add that is a hell of a long walk.

I assure you, you will have the best surveillance and security that money can buy.

Come on Down, the price is right.

Industry signage leader rejects campaign asking simply ‘Where’s the birth certificate?’

http://wnd.com/index.php?fa=PAGE.view&pageId=100022

Hear the jackboots in your street yet? Are you ready for your “prolonged detention”? How about a new concentration camp?

The dismissal of these cases should make people cringe next time President Obama or members of Congress say that they believe the courts should resolve constitutional questions.
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Trial 101, never ask the question you don’t already know the answer to.