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Judge Taylor Makes It Clear: Bush Is a Criminal

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Freedom_from_Chains Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-24-06 09:18 AM
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Judge Taylor Makes It Clear: Bush Is a Criminal
http://www.commondreams.org/views06/0822-25.htm

Judge Taylor Makes It Clear: Bush Is a Criminal
by Matthew Rothschild

Theyre the only ones standing in the way of Bushs lawlessness.

Thursdays decision by Judge Anna Diggs Taylor represents a huge and welcome slapdown to Bush. And no amount of slamming the judge by the pundits on the right over the weekend can detract from its power. Ruling the NSA spying to be illegal and unconstitutional, Judge Taylor said Bush was acting like a king.

The Administration, the judge ruled, undisputedly violates the Fourth Amendment, undisputedly violates the Foreign Intelligence Surveillance Act, violates the First Amendment, and violates the separation of powers. (You can find her ruling at aclu.org or by clicking here.)

Not mincing any words, she added: The Constitution itself has been violated.

She shredded the Administrations two main arguments: that the Authorization for Use of Military Force (AUMF) against Al Qaeda justifies Bushs spying, and that his commander in chief powers justify that spying.

As far as the first claim, she noted, The AUMF says nothing whatsoever of intelligence or surveillance. She also pointed out that FISA says the exclusive means by which electronic surveillance can occur is with a warrant. The Bush Administrations contention that the AUMF implies general powers, including warrantless surveillance, to the President collides with the specific prohibition against such spying, she ruled. And she cited Supreme Court precedent that the specific governs the general.

As to the Administrations second argument, on the Presidents commander in chief powers, Judge Taylor properly noted that the logic of this claim is that the President has the inherent power to violate not only the laws of Congress but the First and Fourth Amendments of the Constitution.

She cited the precedent in Ex Parte Milligan that says, The Constitution of the United States is a law for rulers and people, equally in war and in peace.

Judge Taylors decision not only puts the Administration on notice. It puts Congress and all of us as citizens on notice: Bush is a law-breaker of the highest order.


However, this is not the first time it has been pointed out that the current fascist regeim in control of our country beleives that they are the law. In the opnion of the 11th district court of appeals on the final Terri Schiavo case, the ruling states:

"A popular epithet directed by some members of society, including some members of Congress, toward the judiciary involves the denunciation of activist judges. Generally, the definition of an activist judge is one who decides the outcome of a controversy before him according to personal conviction, even one sincerely held, as opposed to the dictates of the law as constrained by legal
precedent and, ultimately, our Constitution.

In resolving the Schiavo controversy it is my judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at
odds with our Founding Fathers blueprint for the governance of a free people our Constitution. Since I have sworn, as have they, to uphold and defend that Covenant, I must respectfully concur in the denial of the request for rehearing en banc. I conclude that Pub. L.109-3 (the Act) is unconstitutional and, therefore, this court and the district court are without jurisdiction in this case1 under thatspecial Act and should refuse to exercise any jurisdiction that we may otherwisehave in this case."

http://caselaw.lp.findlaw.com/data2/circs/11th/0511628p.pdf

Unfortunatly, most Americans aren't paying attention and this is why we are losing our country.
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Pierre.Suave Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-24-06 09:24 AM
Response to Original message
1. There was a time, not long ago...
Edited on Thu Aug-24-06 09:24 AM by jasonc
...that I seriously considered not going to Law School, and instead going to Medical School. I was so fed up, and disgusted with the bUSH admin, the courts, and our government in general I wanted nothing to do with it. However, I have to say that these recent decisions have reaffirmed my belief in our judicial system and that there is still a belief in the rule of law in this country. It may be the only thing that saves us.

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Freedom_from_Chains Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-24-06 09:26 AM
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2. You are absolutely correct, right now the only thing we have
standing between us an a dictatorship is the judiciary and it is seriously under attack.
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